The Delhi High Court has agreed to examine a plea by AAP leader Somnath Bharti, challenging the recent assembly poll victory of BJP’s Satish Upadhyay in the Malviya Nagar constituency. The case has been scheduled for a hearing on April 8, where Bharti is expected to provide additional documentation supporting his claims of alleged electoral irregularities.
Justice Jasmeet Singh, who is overseeing the case, has requested specific details from Bharti regarding a pending criminal case against Upadhyay, which Bharti cites as a basis for challenging the election result. Upadhyay secured the Malviya Nagar seat with a total of 39,564 votes, defeating Bharti in the process.
Bharti’s legal challenge accuses Upadhyay of engaging in “corrupt practices” as defined under the Representation of People Act, including allegations of an undisclosed criminal complaint or FIR against him. During the court proceedings, Senior Advocate Rajiv Nayar, representing Upadhyay, questioned the existence of any such FIR and described Bharti’s petition as “defective.”
The court has emphasized the need for concrete evidence and detailed information to support the allegations made in the petition. “You are saying that there is a complaint which is pending. You have to say that it is pending… If you say you are unsure, then please be sure. That is why I am giving you time. In case this transpires that it is not pending, then you are making a false statement on affidavit,” Justice Singh remarked during the session.
The judge further clarified the gravity of the accusations and the standards required for such a case, noting, “It cannot be a fishing enquiry. It is under the Representative of People Act. The respondent is somebody who has been declared as an elected member.” Bharti has expressed his willingness to travel to a Bhopal court to retrieve the necessary documents and details required for his case.
This legal action by Bharti follows closely on the heels of similar challenges in Delhi. On March 26, two separate courts issued notices regarding pleas that contest the election victories of BJP leader and Deputy Chief Minister Parvesh Sahib Singh Verma from the New Delhi constituency and former Delhi CM and AAP leader Atishi from the Kalkaji constituency.
