Explained: The Elector and the Law

Kiran Walia has gone to HC, which may lead to Kejriwal’s disqualification from the Assembly election race.

Congress candidate Kiran Walia has gone to the High Court with a plea which, if upheld, will lead to Arvind Kejriwal’s disqualification from the Assembly election race. ANEESHA MATHUR explains the issues and the law

What is the issue with Arvind Kejriwal’s nomination?
Section 5 of the Representation of the People Act, 1950, says that anyone not enrolled as an elector in a state cannot contest Assembly elections in that state. Section 19 of the Act says only a person who is ordinarily resident in a constituency may be enrolled in the electoral rolls of that constituency. And Section 20 says that a person shall not be deemed to be ordinarily resident in a constituency only on the grounds that he owns, or is in possession of, a dwelling house there.

Kiran Walia, the Congress candidate against Kejriwal at the New Delhi seat, has said that Kejriwal is a resident of Ghaziabad, UP, and not of Delhi. She has argued that his name should not have been included in the electoral rolls, and that the Election Commission had “overlooked” false information filed by him.

What is Kejriwal alleged to have done?
Kejriwal is currently enrolled as a voter resident in B K Dutt Colony, Lodi Road. His name was included after he filed an application in form 8A of the Registration of Electors Rules to shift his name from his former official residence on Tilak Marg to the B K Dutt Colony address.

However, Walia has claimed that Kejriwal had filed a similar application to get his name transferred to an address in Vitthalbhai Patel House, Rafi Marg, and that the EC had rejected that application on January 9. Kejriwal had, that same day, filed another application, giving the B K Dutt Colony address, Walia has alleged.

According to Walia, Kejriwal is no longer a voter in Delhi, and should have applied to get himself enrolled again, instead of simply filing a application for transposition of his name to another address.

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What does Walia want from the court?
Walia has sought orders for the Chief Election Officer to “decide the application” filed by Kejriwal “in the light of the objections raised” by her and other objectors. She has also asked for court orders to delete his name from the electoral rolls.

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Why is that significant?
Anyone who is not an elector cannot contest elections in that state. If Kejriwal’s name is removed from electoral rolls, he will not be allowed to contest the Delhi Assembly elections.

What happens now?
The High Court has agreed to hear the plea on Wednesday. However, courts do not normally intervene once the process of elections has begun. An election petition may be filed before a high court after the election is over, to challenge the outcome. Under the Registration of Electors’ Rules, 1960, the appeal against a decision of the Registration Officer regarding the enrolment of a person in the electoral rolls lies before the Chief Election Officer.

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