Delhi HC issues notice in plea challenging Atishi’s election win

Atishi defeated Bharatiya Janata Party’s (BJP’s) Ramesh Bidhuri by a margin of over 3,500 votes in the assembly elections

New Delhi

The petitioners contended that Atishi violated the provisions of the Representation of People’s Act and the Model Code of Conduct by misusing her position as the CM of Delhi. (HT Archive/Representative photo)

The Delhi high court on Wednesday issued notice in a plea challenging the election of Aam Aadmi Party’s (AAP’s) Atishi as member of the legislative assembly (MLA) from the Kalkaji constituency, alleging she indulged in “corrupt practices” in the recent Delhi assembly elections and misused her position as the chief minister to “gain unfair advantage”.

Atishi defeated Bharatiya Janata Party’s (BJP’s) Ramesh Bidhuri by a margin of over 3,500 votes in the assembly elections held in February. Her victory came against the backdrop of the AAP suffering a setback, with senior leaders Arvind Kejriwal and Manish Sisodia losing from their respective constituencies.

A bench of justice Jyoti Singh sought responses from Atishi, Delhi Police and Election Commission of India in the petition filed by two voters, Kamaljit Singh Duggal and Ayush Rana, of the Kalkaji constituency and fixed July 30 as the next date of hearing.

The court also directed the ECI and Delhi Police to preserve all records used during the elections to the Kalkaji constituency. “Issue notice. It is directed that respondents 2 (ECI), 3 (returning officer), and 4 (Delhi Police) shall preserve all the records used during the elections in Kalkaji constituency,” the court said in its order.

The petitioners contended that Atishi violated the provisions of the Representation of People’s Act and the Model Code of Conduct by misusing her position as the CM of Delhi, accusing her of using official vehicles for electioneering. It alleged that the former CM exploited public resources and obtained assistance from government officials to further her prospects in the elections.

Seeking to declare her win “null and void”, the petition went on to allege that Atishi’s associates from the Delhi CM’s Office acted at her behest to bribe voters on February 4, a day before the polling.

The petition alleged that she also consented to publishing fake videos containing false statements about men engaging in hooliganism in Kalkaji under Bidhuri’s directions, hired vehicles to transport electors to polling stations and failed to disclose criminal cases against her in her election affidavit.

In the hearing, the counsels representing the ECI and Delhi Police objected to Duggal making them a party in the petition. However, the court asked them to file their replies and said it would be open for them to challenge the same during the hearing.