Delhi High Court Issues Notice On Plea Challenging AAP Leader Atishi's Election On Ground Of 'Corrupt Practices', Seeks Her Response

The Delhi High Court on Wednesday issued notice on a plea challenging the election of Aam Aadmi Party leader Atishi Marlena from Kalkaji constituency in the recent Assembly elections on the ground that she indulged in corrupt practices.

Justice Jyoti Singh sought response of Atishi, Election Commission of India (ECI), Returning Officer and the Delhi Police and listed the matter for hearing in July.

The plea has been moved by Kamaljit Singh Duggal and Ayush Rana who were voters in the Kalkaji Assembly Constituency.

Atishi had secured 52,154 votes and defeated BJP's Ramesh Bidhuri with a margin of 3,521 votes.

At the outset, the counsels appearing for the Returning Officer and ECI submitted that the law is settled that neither the ECI nor the Returning Officer can be made party in an election petition.

Seeking their response, the Court said that it will be open for the ECI as well as the Returning Officer to take the said opposition in their replies.

Justice Singh directed the ECI, Returning Officer and the Delhi Police to preserve all the records pertaining to the elections in Kalkaji constituency, the result of which was declared on February 09.

“It will be open for Respondents 2 to 4 to file an application for modification of the order if necessary,” the Court said.

The petitioners have alleged that a day before the polling was to be held, Atishi's close associates were caught with Rs. 5 lakhs in cash and were acting on her directions to bribe voters to "buy votes" in her favor.

As per the petition, Atishi has committed corrupt practice of "bribery" under Section I23 (I)(A) of the Representative of People Act, 1951.

Furthermore, the plea alleges that Atishi committed “corrupt practice” as the party workers of AAP, with her consent, published "fake videos" containing false statements alleging that the men were engaging in "hooliganism" in Kalkaji under the directions of the BJP candidate Ramesh Bidhuri.

“It is further submitted that women workers of AAP later confessed that the "fake videos" were created under the instruction of Respondent No. 1 - Ms. Atishi Marlena to tarnish the image of BJP and prejudice the prospects of Mr. Bidhuri in the upcoming elections,” the plea adds.

It further alleges that Atishi used her status as the then Chief Minister to gain an unfair advantage over the other candidates contesting from Kalkaji Assembly Constituency.

“The Respondent No. 1 misused her official position of power to subsidise her electioneering campaign and expand her reach to voters by using official vehicles and governmental employees to canvass for her support,” it adds.

The plea also alleged that Atishi is guilty of committing electoral offences, violating the 48-hours of pre-election silence period and for filing false affidavit by not disclosed a pending criminal case against her.

Title: Mr. Kamaljit Singh Duggai & Anr v. Ms. Atishi Mariena & Ors.