Delhi High Court Dismisses Plea Challenging Election Of AAP MLA Ajay Dutt In 2020 Assembly Polls

The Delhi High Court has dismissed a petition challenging the election of Aam Aadmi Party MLA Ajay Dutt in the 2020 Assembly elections, thereby seeking fresh elections from the said constituency.

Dutt had successfully contested the Assembly Elections of Delhi (Vidhan Sabha) 2020 from the Assembly Constituency – 48, Ambedkar Nagar (SC), held on February 8, 2020 as a candidate belonging to the Aam Aadami Party. He was declared as the elected candidate from the said constituency on February 11, 2020.

The plea alleged that Dutt had intentionally given false information in the election affidavit inasmuch as he had affirmed that there were no Government dues payable by him in respect of Government accommodation.

Justice Vibhu Bakhru dismissed the plea after observing thus:

"…the petitioner has failed to establish that the declaration made by respondent no.5 to the effect that no amounts are due from him in respect of the Government accommodation, is a false statement. Thus, the question framed in Paragraph 8 (a) is answered in the negative."

It was the petitioner's case that Dutt was allotted office space by the Delhi Urban Shelter Improvement Board (DUSIB) and as on 31.12.2016, an amount of ₹2,77,650 was due and payable for occupation of the said property to DUSIB.

On the other hand, Dutt had contested the aforesaid assertion along with the fact that any amount was payable by him for occupying the said office. He denied that he had provided any false information in the affidavit filed by him.

The Court noted that the documents produced by Secretary, Delhi Legislative Assembly, indicated that the license fee in respect of the office space allotted by DUSIB to Dutt was not his liability and was required to be discharged by Assembly.

"There is no communication on record which is addressed to respondent no.5, whereby DUSIB had demanded any license fee in respect of the office space allotted to respondent no.5. The learned counsel appearing for DUSIB has also not disputed that the license fee for the office space in question is liable to be paid by the Legislative Assembly of Delhi," the Court noted.

In light of the aforesaid discussion, the plea was dismissed.

Case Title: ROHITASH v. THE CHIEF ELECTORAL OFFICER OF DELHI AND ORS.

Citation: 2022 LiveLaw (Del) 628

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