NEW DELHI: The Delhi High Court on Thursday sought the Election Commission's response on a plea seeking rejection of the nomination of the AAP's Karol Bagh candidate for allegedly concealing his educational qualification in his affidavit for the February 8 Assembly polls.
A bench of Chief Justice D N Patel and Justice C Hari Shankar issued a notice to the EC and the AAP candidate from Karol Bagh, Vishesh Ravi, seeking their stand on the plea filed by Yoginder Chandolia, BJP hopeful from the same seat.
The bench listed the matter for hearing on Friday.
A single-judge bench had on Monday dismissed as not maintainable a plea challenging a returning officer's order rejecting a complaint against Ravi's nomination.
Justice Sanjeev Sachdeva had said there cannot be a two-pronged attack to an election and the law was clear that such challenges can only be made after the declaration of poll results.
The plea alleged that the AAP candidate had willfully and intentionally concealed material facts and given false statement in poll affidavits.
It claimed that he has concealed the factum of a pending criminal case against him and there were discrepancies in his affidavits.
"However, despite the facts that there was substantial defect in the affidavit filed by respondent no.4 (Ravi), the said objection filed by petitioner (Chandolia) is dismissed by the respondent no.3 (returning officer) vide order dated January 22, 2020 inter alias holding that these defects are not substantial.
"It is settle law that suppression of pending criminal case and education qualification are substantial defect and in such cases, nomination forms are liable to be rejected. Hence impugned order is not sustainable," the plea said.
Polling on the 70 Assembly seats in Delhi will be held on February 8 and the counting of votes will take place on February 11.