Aam Aadmi Party's East Delhi Lok Sabha candidate Atishi has filed a criminal complaint against Gautam Gambhir, Bharatiya Janata Party (BJP) nominee for the same seat, for holding two voter cards.
"I have filed a criminal complaint against the BJP candidate from East Delhi Gambhir over his possession of two voter IDs in two separate constituencies of Delhi -- Karol Bagh and Rajinder Nagar," she said on Friday.
The complaint was filed on Thursday under Section 155(2) at the Tis Hazari Court, seeking direction for police investigation into offences punishable under Sections 17 and 31 of The Representation of the People Act, 1950 and Section 125A of The Representation of the People Act, 1951.
The plea is likely to be heard by a Metropolitan Magistrate at the Tis Hazari Court Complex on May 1.
"As per Section 17 of The Representation of the People Act, 1950, no person is entitled to be enrolled as a voter in more than one constituency. Section 31 makes false declaration in the matter of inclusion or exclusion of voter rolls punishable with up to one year in prison," Atishi told the media here.
Consequently, any such declarations made in order to obtain registration as a voter in two or more constituencies is a criminal offence punishable with imprisonment up to one year, or fine, or both, she added.
Atishi also said that Gambhir has stated in his affidavit, submitted to the Returning Officer at the time of nomination, that he is only registered to vote in the Assembly constituency Rajinder Nagar-39, Part No 43, Serial No 285, EPIC No SMM1357243.
"However, it was discovered after the scrutiny period had concluded that Gambhir was also registered to vote in Assembly Constituency Karol Bagh-23, Part No 86, Serial No 87, EPIC No: RJN1616218," she added.
"This fact was also deliberately and wilfully concealed by Gambhir during the time of filing and scrutiny of his nomination, as witnessed by the Returning Officer, presumably to avoid rejection of his nomination," the AAP leader said.
The concealment of information provided in an election affidavit is also punishable under Section 125A of the said Act, with up to six months jail time, she added.
Gambhir's nomination was held up due to objections raised by the AAP candidate due to technical errors in the affidavit.
"Unfortunately for the public, a candidate who is unaware of the law and legal processes has been parachuted into the fray to extract a benefit from his stardom. But the party and the candidate will pay the cost of unpreparedness and inexperience through eventual disqualification and possible jail term for Gambhir," she said.
Chief Minister and AAP Chief Arvind Kejriwal and spokesperson Saurabh Bhardwaj urged people not to vote for Gambhir.
"People should know that the votes going to Gambhir will be wasted as his candidature will be disqualified sooner or later," Bhardwaj said.
Delhi will go to the polls on May 12.
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