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RTI Act, received information on 1 st January, 2009 that the respondent no.1 was not the student of C.R.Z. Senior Secondary School, Sonepat, Haryana from which the respondent no.1 as per information given by him in his Election Nomination Form claimed to have matriculated in the year 1981;

iii. that the respondent no.1, in the affidavit submitted by him alongwith his Nomination Form (and which affidavit is available online on the website of Election Commission Office), a) had suppressed the material facts regarding criminal cases aforesaid registered against him; and, b) had falsely claimed himself to be educated upto class 12th and having Matriculation from C.R.Z. Senior Secondary School, Sonepat, Haryana.

(c) The judgments dated 23.12.2002 in FIR No.250/1984 of Police Station Sultanpuri of acquittal of the respondent no.1 accused therein as Ex.PW1/4.
(d) Copy of the Gazette of Haryana School Education Board, Bhiwani, Haryana for the year 1981 pertaining to C.R.Z. Senior Secondary School, Sonepat, Haryana of acquittal of the respondent no.1 accused therein as Ex.PW1/6.

(iii) PW5 Sh. Raj Kumar working as Principal C.R.Z. Senior Secondary School, Sonepat, Haryana produced the original Gazette of the year 1981 of the said School and copy whereof is proved as Ex.PW1/6. In his cross examination he stated that the 10th class is the Board Examination; the students who had obtained admission in school and are enrolled in the School are regular students of the school and are eligible to appear in 10th class Board Examination; though the private students can also appear in 10 th class Board Examination but they have no concern with the school; that the Gazette Notification Ex.PW1/6 contains the names of all the students who appear as regular students from the school including the compartment candidates and also the candidates whose admission has been cancelled and the candidates who did not appear in the examination; that the Board Examinations in the year 1981 used to be held twice; that the Gazette Ex.PW1/6 was of the Board Examination held in March, 1981 which pertained to enrolled candidates and not of the Board Examination held in September, 1981 of other candidates including compartment candidates. He has further deposed that the private students can appear in the Board Examination both in the month of March as well as in the month of September and that the school does not get the Gazette of the candidates who appear as private students. He could not admit or deny the suggestion that the respondent no.1 appeared as a private candidate in the 10 th Board Examination in September, 1981.

(xi) Respondent No.1 (appearing as RW1) in his affidavit by way of examination-in-chief has deposed having won the election for the post of Member Legislative Assembly (MLA) from the subject constituency in the year 1993; his wife Smt. Sushila Devi having won the election for the post of MLA from the subject constituency in the year 1998 defeating the petitioner herein; having yet again won the election from the subject constituency in the year 2003 defeating the petitioner; having yet again in the year 2008 won the election with a margin of 19000 votes defeating the petitioner; that apart from the cases mentioned in the affidavits filed with the Nomination Form in the year 2008, no other cases were pending at the time of filing affidavits in which either cognizance had been taken by the Court or Charge had been framed; having passed 10th class from C.R.Z. Senior Secondary School, Sonepat, Haryana as a private candidate and having passed 12th class from the Open School; that his education qualification is not so high or not of much importance so as to be mentionable to win an election. In the cross examination, he denied knowledge of FIR No.1647/2006 on the complaint of Mr. Dinesh Gupta at Police Station Sultanpuri against him, he also denied knowledge of a case under Sections 323,506 and 34 of IPC having been registered against him on the basis of the said FIR; he however admitted being on bail in the said FIR but clarified that he received the summons from the Court in the year 2010 only and obtained bail in the year 2010 and that in the year 2008 there was no case against him and there was no necessity for him to obtain any bail. He denied knowledge of registration of a case against him on the basis of FIR No.1451 dated 01.10.2007 of Police station Sultanpuri under Sections 354 & 506 of the IPC on the complaint of Smt. Veena Joshi. He deposed having obtained his roll number for the 10 th class examination from the Haryana Board but did not recollect having passed the said examination in the Arts stream with English; the centre of examination being C.R.Z. Senior Secondary School, Sonepat, Haryana. He stated that he had not brought the 10th class examination mark sheet with him having already filed it with the Election Commission office with the Nomination Form at the time of filing thereof. He denied the suggestion that the same had not been filed. He denied the suggestion that the 10th class document was a sham document. He further claimed having obtained bail in the 1984 riot cases in the year 1995 and having been acquitted therein in the year 2002 but denied any knowledge of any appeal thereagainst and stated that he had not been summoned in the appeal. He further denied having obtained bail in the appeal in the Criminal Appeal in March, 2007. He also denied that revision petitions pertaining to the 1984 riot cases where he was a party and had been noticed were pending in the Delhi High Court.