Challenge to AAP MLA’s 2022 election in bypoll is triable: Delhi HC
5 months, 2 weeks ago

Challenge to AAP MLA’s 2022 election in bypoll is triable: Delhi HC

Hindustan Times  

The Delhi high court has held that a petition challenging Aam Aadmi Party leader Durgesh Kumar Pathak’s election in the 2022 assembly bypolls is prima facie maintainable and triable. A bench of justice Yashwant Varma rejected Durgesh Pathak’s application filed under order VII rule XI of the Code of Civil Procedure, saying that “at this stage”, the court does not find any “justification” to reject the election petition. Hearing the matter, a bench of justice Yashwant Varma rejected Pathak’s application filed under order VII rule XI of the Code of Civil Procedure, saying that “at this stage”, the court does not find any “justification” to reject the election petition. The court in its 103-page verdict opined that Tewari’s allegation regarding Pathak holding office of profit clearly failed to plead material facts.

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