Delhi HC notice to EC on plea against AAP candidate
The Delhi High Court on Thursday issued notice to the Election Commission of India (ECI) over a plea against the Aam Aadmi Party (AAP) candidate from the Karol Bagh constituency, Vishesh Ravi, alleging foul play in the election affidavit submitted before the Commission.
It is alleged that Ravi has hidden important facts regarding his educational qualification in his election affidavit submitted before the EC.
A division bench presided by Chief Justice D.N. Patel and Justice C. Harishankar sought the ECI's response over the plea filed by Yogendra Chandolia.
The plea challenges a single Judge bench order of the court, which had held that the petition is not maintainable at this stage, stating that such a challenge cannot be done through a writ under 226 and is only possible through an election petition which can only be filed after the declaration of the results.
"... in said affidavit in column 10, it has been stated by the respondent no. 4 that his maximum education qualification is Matric 10th Passed from the National School of Open Schooling (2003). However, in the affidavit filed by respondent no.4 in the year 2013, he has sworn in affidavit that his education qualification is B. Com (2008) from the Choudhary Charan Singh University, and for the year 2015; in the affidavit filed by him he has sworn that his education qualification is pursuing BA (Programming) in the IGNOU (Delhi) University," plea said.
Petitioner further contends that Ravi will fully and intentionally concealed the factum of pending of criminal case against him.
"It is submitted that a Criminal miscellaneous case No. 5283 of 2018 titled "R.K. Sharma Vs State & Ors. pertaining to section 385, 387, 506 and 120 B IPC is pending adjudication before Hon`ble High Court of Delhi wherein the notice has been served to respondent no. 4 and that too respondent's no. 4 counsel has appeared before the Court on dated 14.03.2019.
"However, in the affidavit (Form 26), which contains a column of pending cases, the respondent no. 4 has stated the same as not applicable in much as no criminal case is pending against him," the plea said further.IANS