SOMNATH BHARTI vs SHRI SATISH UPADHYAY

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 08.10.2025 Judgment pronounced on: 17.01.2026 + EL.PET. 7/2025 & I.A. 8078/2025, I.A. 15470/2025 SOMNATH BHARTI .....Petitioner Through: Mr. Somnath Bharti-in-Person with Mr. Anand Prakash Gautam, Adv. versus SHRI SATISH UPADHYAY .....Respondent Through: Mr. Rajiv Nayar, and Mr. Jayant Mehta, Sr. Advs. with Mr. Saurabh Seth, Mr.Sumer Dev Seth, Ms. Neelampreet Kaur, Mr. Abhiroop Rathore, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGM E NT 1. The present election petition is filed under sections 80, 80A and 81 of the Representation of the People Act, 19511 seeking to set aside and declare the election of the respondent i.e. Mr. Satish Upadhyay, from Malviya Nagar Constituency of the Legislative Assembly of AC-43 pertaining to election which was held on 05.02.2025 and the result of 1 Hereinafter referred to as “ROPA”. Digitally Signed By:MAYANK Signing Date:17.01.2026 EL.PET. 7/2025 Page 1 of 25 16:21:11 which was declared on 08.02.2025, as null and void. FACTUAL MATRIX 2. The petitioner, a three-time Member of Legislative Assembly2 from the Malviya Nagar Assembly Constituency (AC-43) and former Law Minister in the Delhi Government, contested the 2025 Legislative Assembly election as the official candidate of the Aam Aadmi Party3 for the fourth time. The respondent also contested from the same constituency as the official candidate of the Bharatiya Janata Party.4 3. The election process was notified under section 15 of the ROPA as under:-  Date of issue of Gazette Notification: 10th January, 2025.  Last date for nominations: 17thJanuary, 2025.  Scrutiny: 18thJanuary, 2025.  Withdrawal: 20thJanuary, 2025.  Poll: 5thFebruary, 2025.  Counting and result: 8thFebruary, 2025. 4. After the elections w