Pleas in HC challenge election of Kejriwal, Sisodia

Two petitions have been filed in the Delhi High Court challenging election of Chief Minister Arvind Kejriwal and Deputy CM Manish Sisodia for allegedly violating poll campaign norms in the recent assembly elections in the national capital.

Justice V K Rao issued notice to Sisodia, the Election Commission's Media Certification and Monitoring Committee (MCMC) and the returning officer (RO) seeking their stand on the petition moved by one of the candidates who lost against the Aam Aadmi Party (AAP) leader.

In the matter pertaining to Kejriwal, Justice Mukta Gupta asked the petitioner to correct some typographical errors in the plea and did not pass any order.

The petitioner, Pratap Chandra, has alleged that Kejriwal and Sisodia campaigned in the 48 hours prior to the date of polling in violation of the norms which prohibit such practice.

In his pleas, Chandra has contended that as per Section 126 of the Representation of People's Act, 1951 no one is permitted to get undue advantage by way of any kind of election matter advertisement for making appeals to the voters to cast their votes in their favour before the 48 hours of the conclusion of the polling day.

"...but the high-handed candidates of the political parties were putting their election matter advertisement in various hoarding, papers, bus shelter and public utility display board, in which they have made appeals in favour of party as well as symbol, even on February 8. Such advertisement, at the last stage of the election vitiated the entire election process," he has claimed.

Chandra, who belongs to the Rashtriya Rashtrawadi Party (RRP), has contended that he had informed the MCMC and RO in advance that most of the candidates and parties do not adhere to the mandatory requirement under section 126 of the RP Act and had urged them to ensure implementation of the provision as well as holding of free and fair elections.

He has alleged that despite reminders to the MCMC and RO to ensure implementation of section 126, they took no action and the AAP leaders continued their canvassing activities till the date of polling -- February 8.

"Because of the arbitrary and negligent act of the respondents (MCMC and RO), the petitioner (Chandra) has suffered a lot and the defaulting parties continued to enjoy election matter advertisement by violating the section 126 of the Act and the petitioner could do nothing," the petitions have said.

Chandra, who had contested against both AAP leaders in the recent Delhi Assembly polls, has urged the court to declare their election as void and to set it aside.

He has also sought an order for fresh elections in both constituencies.