NEW DELHI: Aam Aadmi Party (AAP) leader Somnath Bharti has approached the Delhi High Court, contesting the electoral win of Bharatiya Janata Party (BJP) leader Satish Upadhyay from the Malviya Nagar constituency in the recently concluded Assembly elections.
Upadhyay secured victory with a total of 39,564 votes, surpassing Bharti, who garnered 37,433 votes. The AAP leader has alleged “corrupt practices” under the Representation of the People Act, 1951, as the basis for his legal challenge. Additionally, Bharti has claimed that a criminal complaint or FIR is pending against Upadhyay.
Justice Jasmeet Singh briefly heard the matter on Thursday. Bharti, representing himself, reiterated his claims, while Senior Advocate Rajiv Nayar, appearing for Upadhyay, strongly refuted the allegations.
“It is easy to allege the existence of an FIR, but where is the FIR?” Nayar countered.
The court pressed Bharti for clarity on the alleged criminal case against Upadhyay. “You assert that a complaint is pending. If you are unsure, then be certain. That is why I am granting you time. If no such complaint exists, then you are making a false statement under affidavit,” the court cautioned.
Stressing that election petitions must be substantiated with concrete evidence, the court remarked, and “This cannot be a fishing inquiry. The respondent has been duly elected under the law.”
Upon Bharti’s request for additional time to verify the status of the complaint, the court adjourned the matter to April 8.
Bharti’s plea is not the only election petition under judicial scrutiny. On Wednesday, Justice Singh issued notice on a petition challenging the election of BJP leader and Deputy Chief Minister Parvesh Verma from the New Delhi constituency.
Similarly, another bench has taken cognizance of a plea contesting the victory of AAP leader Atishi from the Kalkaji seat.