Delhi High Court Stays Summons Issued To Chief Minister Arvind Kejriwal’s Wife In Case Alleging She Holds Two Voter IDs

The Delhi High Court on Monday stayed a trial court order issuing summons to Chief Minister Arvind Kejriwal's wife Sunita Kejriwal in a case alleging she holds two voter IDs.

Justice Amit Bansal issued notice on Sunita Kejriwal’s plea and stayed the trial court order till February 01, 2024, the next date of hearing.

“Issue notice [in the petition]. In the meanwhile, there shall be a stay on the impugned order, till the next date of hearing," the court said.

Metropolitan Magistrate Arjinder Kaur of Tis Hazari Courts had issued summons to Sunita Kejriwal for November 18 for violating the law by getting herself enrolled in the voters list of two assembly constituencies.

This was after a complaint was filed by BJP leader Harish Khurana who alleged that Kejriwal violated the provisions of the Representation of the People Act, 1950.

Senior Advocate Rebecca John appeared for Sunita Kejriwal in the matter.

The trial court, after considering the testimony of complainant and other witnesses, observed that a prima facie case was made out against Sunita Kejriwal for the alleged commission of the offences punishable under section 31 of the Representation of Peoples Act.

“Hence, the accused be summoned accordingly,” the trial court had said in an order passed on August 29.

It was Khurana’s case that Sunita Kejriwal was registered as a voter on the electoral rolls of Sahibabad assembly constituency, Uttar Pradesh, as well as the Chandni Chowk assembly constituency in the national capital.

He alleged that the said position is in violation of Section 17 of the RP Act which states that no person can be registered in more than one constituency.

Khurana claimed that Kejriwal was liable to be punished for the offences under Section 31 of the RP Act which provides for the punishment for making false declarations.

Title: SUNITA KEJRIWAL v. STATE (NCT OF DELHI) AND ANR.

Citation: 2023 LiveLaw (Del) 1071