Election petitions filed before Delhi High Court against the election of CM Arvind Kejriwal and Deputy CM Manish Sisodia

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Two election petitions were filed before the Delhi High Court challenging the elections of Delhi CM Arvind Kejriwal and Deputy CM Manish Sisodia.

Brief facts:

In the recent Delhi Assembly elections, Delhi Chief Minister Arvind Kejriwal and the Deputy CM Manish Sisodia had a sweeping victory. One Mr. Pratap Chandra from Rashtriya Rashtrawadi Party who contested against both the AAP leaders in their respective constituencies lost the elections. Now, he had filed two election petitions before the Delhi High Court challenging the election of both the candidates alleging violation of election rules.

The petitioner contends that As per section 126 of representation of People Act, the contesting leaders must refrain from convening meeting or hold any public meeting in connection with election, displaying to public any election related matter through television or advertisements, and propagating the election matter through any musical concert or any other ways of entertainment before 48 hours of the polling day. However the above leaders from AAP were “putting their election matter advertisement in various hoarding, paper, bus shelter and public utility display board” through which they appealed to public in favour of the party before 48 hours of the polling day despite the petitioner recording his objections with the election commission on several occasions. Hence the election petitions were filed by the petitioner.

Dates and events:

1. 14th January, 2020- Delhi Assembly election Notification was published

2. 21st January, 2020- Chief Minister of Delhi filed his nomination papers

3. 8th February, 2020- The Polling day of Delhi Assembly elections

4. 11th February, 2020- Results of the elections were declared. Chief Minister Arvind Kejriwal and Deputy CM Manish Sisodia won the elections.

The election petition challenging the election of Manish Sisodia was listed before Single bench of justice V Kameshwar rao, wherein he issued notice to Manish Sisodia, the Election Commission’s Media Certification, monitoring Committee and the returning officer calling them to file their response to the petition.

Whereas the other election petition challenging the election of CM Arvind Kejriwal was listed before Single bench of Justice Mukta Gupta who returned the petition to correct the typographical errors and hence no orders were passed on it.

The petition thus prayed to set aside the election of CM Arvind Kejriwal and Deputy CM Manish Sisodia on the ground of alleged violation of Section 126 of representation of people Act and direct the Election commission to conduct fresh bye elections at the expense of responsible political party and candidate.

Edited by J. Madonna Jephi

Approved & Published – Sakshi Raje

Lavanya Narayanan
I am Lavanya Narayanan, pursuing a master's in international law. With three years into the profession, I am currently reviving my long-forgotten passion for writing. As and when I find a time I watch debates and interviews on the current affairs of our nation. My areas of interest are criminal law, women and child rights especially toddlers. I love listening to puranic stories. I believe accepting things you don’t know as you don’t know leads you to the path of growth. Happy reading!