Delhi HC issues notice to Atishi over plea challenging her election win

New Delhi: The Delhi High Court has issued a notice to Aam Aadmi Party (AAP) leader and former Delhi Chief Minister Atishi, seeking her response to an election petition that challenges her victory from the Kalkaji Assembly constituency. The petition alleges corrupt practices during the election campaign.

Justice Jyoti Singh also issued notice to the Election Commission of India (ECI), Delhi Police and the returning officer of the Kalkaji assembly constituency.

The court asked the respondents to file their responses to the petition and posted the hearing on July 30.

The ECI counsel and the returning officer, however, said they couldn't have been made parties to the election petition as per law. The court acknowledged their concern, allowing them to raise their objections in their replies.

In the interim, the court directed the ECI, the returning officer and the police to preserve all the records of the Kalkaji constituency polls and said they could seek a modification of its order in the future.

Kamaljit Singh Duggal and Ayush Rana, two voters from Kalkaji, have filed a petition challenging Atishi's election win, alleging that she and her polling agents engaged in corrupt practices.

The petition, filed through advocate T Singhdev, sought to declare her election null and void.

Atishi had won the Kalkaji seat by defeating Ramesh Bidhuri by 3,521 votes.

Voting for the election was held on February 5, and results were declared on February 8.

The plea alleges that Atishi's close associates were caught with ₹5 lakhs in cash on February 4, just before polling, and were supposedly following her instructions to bribe voters to "buy votes" in her favour.

The AAP leader was alleged to have done “bribery” under Section I23 (I)(A) of the Representative of People Act.

Atishi, the plea said, used her status as the then chief minister to gain an unfair advantage over other candidates contesting from Kalkaji.

“The respondent number 1 (Atishi) 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 canvas for her support,” it alleged.

The plea further alleges that Atishi committed electoral offences by violating the 48-hour pre-election silence period, filing a false affidavit, and failing to disclose a pending criminal case against her. Specifically, the plea claims that Atishi didn't disclose a criminal case lodged against her on January 11 at Govind Puri Police Station.

(inputs from PTI)