Delhi HC issues notice on plea challenging Atishi's Kalkaji election win

Petitioners alleged that a day before polling, Atishi's aides were caught with ₹5 lakh in cash and were acting under her instructions to bribe voters in exchange for votes

The Delhi High Court on Wednesday issued notice regarding a petition challenging Aam Aadmi Party leader Atishi’s election from the Kalkaji constituency in the recent Assembly polls, alleging involvement in corrupt practices, reported news agency PTI.

 

Justice Jyoti Singh sought responses of Atishi, the Election Commission of India, Delhi Police, and the Returning Officer of the Kalkaji Assembly constituency, where Atishi secured her win. The court scheduled the next hearing for July 30.  

 

The petition, filed by Kamaljit Singh Duggal and Ayush Rana, alleges that Atishi and her election agents engaged in corrupt practices during the polls. The petitioners have requested the court to declare the election null and void.  

 

During the proceedings, legal representatives for the Election Commission and the returning officer objected to their inclusion as parties in the case. However, the court, while seeking their response, said the ECI and the returning officer could include their objections in their replies.  

 

Justice Singh directed the ECI, returning officer, and the Delhi Police to preserve all records related to the Kalkaji constituency elections.

 

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

 

The case

 

The petitioners have claimed that, a day before the polling, Atishi's close associates were caught with ₹5 lakh in cash and were allegedly acting under her instructions to bribe voters in exchange for votes. According to the petition, this act constitutes the corrupt practice of "bribery" under Section 123(1)(A) of the Representation of the People Act, 1951, LiveLaw reported.

 

The plea alleges that Atishi engaged in "corrupt practice" as AAP party workers, with her consent, circulated "fake videos" containing false statements accusing individuals of "hooliganism" in Kalkaji under the instructions of BJP candidate Ramesh Bidhuri.

 

Atishi had secured 52,154 votes, defeating Bharatiya Janata Party (BJP) candidate Ramesh Bidhuri by a margin of 3,521 votes. Polling for the Assembly elections took place on February 5, with results announced on February 8.

 

(With agency inputs)