HC stays summons to Delhi CM’s wife Sunita Kejriwal over name in two voter lists

While issuing notice to the complainant/respondent no. 2, BJP leader Harish Khurana, on the plea, a single-judge bench of Justice Amit Bansal said Monday, “In the meanwhile there shall be stay of the operation of the impugned (summoning) order till the next date of hearing.” The plea is next listed on February 1, 2024.

Appearing for Sunita Kejriwal, senior advocate Rebecca John pointed to the provisions of the Representation of the People Act to submit that an offence is made out only if a false declaration is made by a person. John submitted that in the present case, nothing has been placed on record by the complainant/respondent 2 (Khurana) to show that a false declaration has been made by Sunita Kejriwal.

John also argued that as per Khurana’s complaint, Sunita Kejriwal had registered her name in two different assembly constituencies –Sahibabad (Ghaziabad) and Chandni Chowk – and that she had “deliberately made false statements and declarations”. John argued that thus it was “incumbent on the complainant to show this.”

According to Section 17 of the RPA (1950), no person can be registered in the electoral roll for more than one constituency.

In the summoning order, the magistrate had said, “After considering the testimony of the complainant and other witnesses, this court is of the considered opinion that prima facie case is made out against the accused person, namely Sunita Kejriwal, w/o Arvind Kejriwal, for the alleged commission of the offences punishable under Section 31 of the Representation of Peoples Act, 1950. Hence, the accused be summoned accordingly.”