Atishi complaint against Gautam Gambhir dismissedhttps://indianexpress.com/article/cities/delhi/atishi-plea-on-gambhir-dismissed-6082852/

Atishi complaint against Gautam Gambhir dismissed

The ACMM noted that Section 17 is “not a penal provision but a legal mandate”, and “a candidate cannot even be disqualified for its violation”.

Atishi plea on Gambhir dismissed
Atishi filed the complaint against the cricketer-turned-politician in the run-up to the Lok Sabha polls in May.

A Delhi court Tuesday dismissed AAP leader Atishi’s complaint against East Delhi MP Gautam Gambhir who, she had alleged, was enrolled as a voter in two constituencies — Karol Bagh and Rajinder Nagar.

Atishi filed the complaint against the cricketer turned politician in the run-up to the Lok Sabha polls in May, when the two faced each other in East Delhi. She procured physical copies of electoral rolls of both constituencies to confirm this fact.

The complaint states that as per Section 17, read with Section 31, of the Representation of the People Act, 1950, it is an offence for a person to have more than one voter ID card if the same has been obtained by making false declaration/statement.

Additional Chief Metropolitan Magistrate Samar Vishal agreed that Atishi’s allegations were prime facie correct.

However, the ACMM noted that Section 17 is “not a penal provision but a legal mandate”, and “a candidate cannot even be disqualified for its violation”.

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