1996 (4) TMI 506

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.... JJ. ORDER K. Ramaswamy, J. This appeal arises against the order of the Delhi High Court made on 26.5.1995 in Election Petition No. 6/94. The appellant is an unsuccessful candidate in respect of one of the Assembly Constituency known as No. 64, Sadar Bazar, to the National Capital Territory of Delhi Assembly. The elections were held on 6th November, 1993. The respondent secured 27126 vote....

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....ed in the Court along with the election petition. Though it was rejected by the High Court as one of the grounds against the rejection of the election petition, the respondent had filed cross objections. 2. It is not necessary for us to go into the grounds on which the election petition was dismissed by the High Court. Suffice it to state that the objections raised by the respondent regarding n....

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....cept of substantial compliance has no application in such a case. It is seen that the copy of the affidavit supplied to the respondent does not contain the affirmation by the Oath Commissioner. Under these circumstances, the defect is not a curable defect. Therefore, the dismissal of the election petition on this ground is sustainable in law. 3. Learned counsel for the appellant placed reliance....