DHC To Review AAP’s Somnath Bharti’s Petition Against BJP’s Satish Upadhyay’s Election Win

Aam Aadmi Party leader Somnath Bharti on Thursday has filed a petition in the Delhi High Court, challenging the election victory of Bhartiya Janata Party leader Satish Upadhyay from the Malviya Nagar constituency in the recent Delhi Assembly elections.

Upadhyay won the seat with 39,564 votes, defeating Bharti, who received 37,433 votes.

Bharti Accuses Upadhyay

Bharti’s legal challenge claims that Upadhyay engaged in “corrupt practices” under the Representation of the People Act, 1951. He further alleges that there is a pending complaint or FIR against Upadhyay, which, according to Bharti, should invalidate his election.

The case was heard by Justice Jasmeet Singh, with Bharti appearing in person. Senior Advocate Rajiv Nayar represented Upadhyay and strongly denied the existence of any pending FIR, questioning the validity of Bharti’s claims. Nayar argued, “It is very easy to say that there is an FIR, but where is the FIR?” In response, Justice Singh asked Bharti to clarify his claims, noting that if it was found that no such complaint existed, Bharti could be accused of making a false statement under oath.

The court also stated that the challenge could not proceed based on speculative claims and emphasized the significance of concrete evidence under the Representation of the People Act. “It cannot be a fishing inquiry,” the judge remarked. Bharti requested more time to verify the details of the alleged complaint or FIR, and the court adjourned the matter for further hearing on April 8.

Legal Challenges

This petition is part of a series of legal challenges to the outcomes of the Delhi Assembly elections. Justice Singh also issued a notice regarding a separate petition challenging the election of BJP leader and Deputy Chief Minister Parvesh Verma from the New Delhi constituency.

Similarly, another bench issued a notice on a plea challenging the election of AAP leader Atishi Marlena from Kalkaji constituency.

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