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A city court on Monday recorded the statement of a complainant, who had registered a complaint against former Delhi Chief Minister Arvind Kejriwal for allegedly giving “misleading information” in an affidavit he had filed ahead of the Assembly elections last year.Metropolitan Magistrate Swati Katiyar commenced recording of pre-summoning evidence in the matter and recorded the statement of petitioner Neeraj Saxena who has filed a criminal complaint on behalf of the NGO, Maulik Bharat Trust.
The complainant alleged that Kejriwal had “willfully misled” the Election Commission by concealing his correct address and suppressing the market value of his property.
Meanwhile, the court allowed an application by the complainant seeking the examination of witnesses in support of the complaint.
The court also allowed the questioning of three government officials, including the record keeper of Delhi’s Chief Election Officer. The matter has been fixed for May 7.
The NGO’s counsel had earlier argued that the affidavit was filed by Kejriwal before a competent authority at Jam Nagar house, which falls under the jurisdiction of this court.
However, Saxena’s petition stated that “willful concealment and suppression of correct address and value of the aforesaid property amounts to commission of a criminal offence under Section 125A of the Representation of the People Act, 1951, punishable with six months’ imprisonment and/or fine or both”.
“The aforesaid facts and circumstances clearly make out a case of blatant violation, suppression, misleading facts and information not only from the electors but also from Election Commission,” the petition said. Earlier, the NGO had approached the Delhi High Court with a plea seeking quashing of Kejriwal’s nomination papers on the grounds of “illegalities” in his affidavit.
In its petition, the NGO had alleged that Kejriwal had violated provisions of the Representation of the People Act by submitting an affidavit which had incorrect details of his assets and income at the time of the filing of nomination.
The High Court had, however, refused to entertain the plea and directed the petitioners to approach a magisterial court for remedy.
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