The Delhi High court on Monday issued notice to the Election Commission of India and AAP CM candidate Arvind Kejriwal on a plea filed by Congress leader Kiran Walia against Kejriwal’s inclusion in the Delhi electoral rolls.
“Issue directions to respondent no 1(Election Commission) to delete entry of his name from the electoral roll since as per his own declaration he ceases to be ordinary resident of C II/23, Tilak Lane since July 30, 2014” says the plea, which has also sought directions to the EC to hear the application for transfer of Kejriwal’s enrollment again in light of the objections raised by Walia.
During the brief hearing before the court of justice Vibhu Bakhru, the senior counsel appearing for Walia argued that Kejriwal should not be allowed to contest elections from Delhi, as his enrollment in the electoral rolls was incorrect.
The plea filed by Walia has alleged that Kejriwal is not a resident of Delhi, and had got his name entered on the electoral rolls by “manipulation, cheating and fraud.”
It notes that in August, Kejriwal had filed a bond in the Patiala house courts stating his residence at Ghaziabad. Further, the plea alleges that he had admitted that he had left the official residence given to him at Tilak Lane in July 2014.
The plea further alleges that in November 2014, Kejriwal had filed an application to be enrolled as an elector on the address of Vitthal Bhai Patel House, Rafi Marg, but had filed a separate application to shift his name to a residence in BK Dutt colony, Lodi road, after the first application was rejected by the EC.
The plea claimed that “form 8A” filed by Kejriwal to shift his name and address in the Electoral rolls was “not maintainable” because he was no longer an elector on the electoral rolls.
Walia has claimed that Kejriwal “ceased to be an elector from Delhi” when the EC rejected his application for enrollment as resident of Vitthal Bhai Patel House, Rafi Marg, on January 9, 2015.
“Question of transposition does not arise” says the plea, adding that Kejriwal should have filed a fresh application for enrollment as a voter in Delhi under form 6 of the EC rules.
The court of Justice Vibhu Bakhtu has agreed to hear the plea on Wednesday, after noting that a delayed hearing would make the petition infructuous.
A similar plea has also been filed by NGO Maulik Bharat trust claiming that RTI replies from the Delhi Police and Ghaziabad police have revealed that Kejriwal was not an ordinary resident of Delhi but of Ghaziabad. The NGO, in addition to striking out Kejriwal’s name from the electoral rolls, has also sought action against the AAP leader for filing false information to get himself enrolled. Both pleas will now be heard on Wednesday.
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