Allahabad High Court Issues Notice On Apna Dal (S) Leader's Plea Challenging Election Of SP's Robertsganj MP Chhotelal

Apna Dal (Sonelal), an ally of the ruling Bharatiya Janata Party (BJP), had fielded Kol as its candidate from the Robertsganj Lok Sabha seat. However, she was defeated by SP's Kharwar by a margin of over 1.2 Lakh votes.

In her election petition, Kol has prayed for declaring Kharwar's election null and void on the grounds that while filing his nomination form, Kharwar failed to disclose details of his caste certificate, property, income, educational qualification, and number of dependents from his first wife.

Kol's election petition also claims that Kharwar's affidavit falls under corrupt practices under Section 100 (1) (b) and (d) of the Representation of the People Act 1951, and thus, his election should be set aside, and she should be declared as the winner.

Hearing her petition on Tuesday, a bench of Justice Shekhar B. Saraf issued notice to Kharwar returnable at an early date.

“On or before the next date fixed, the respondent No.1 shall appear and answer the claim and if he wishes to put up the defence, he shall file his written statement together with a list of all documents whether in his possession or power or not, upon which he intends to rely as evidence in support of his defence, in terms of Rule 5 of Chapter XV-A of the Rules,” the Court's order reads.

The matter has been posted for further hearing on September 12, 2024. The Court has also clarified that in default of appearance being entered by Kharwar, on or before the date fixed, the election petition could be heard and determined in his absence.