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Sunday, July 22, 2018

PILs against CM: HC refuses to hear one, defers another

In another PIL, the court deferred hearing a plea seeking action against the AAP and Kejriwal.

Published: January 23, 2014 3:38:01 am

The Delhi High Court on Wednesday declined to hear a plea seeking directions to the Election Commission for investigation into alleged false information submitted by Chief Minister Arvind Kejriwal to the poll panel in his affidavit.

“We cannot hear a PIL on an election issue,” a bench of Chief Justice N V Ramana and Justice R S Endlaw said.

The PIL, filed by NGO Maulik Bharat Trust though advocates V K Malik and Rahul Raj Malik,  alleges Kejriwal “willfully defaulted and misled the Election Commission of India and its electors by concealing the correct address and the market value” of his property in Indirapuram, and also concealed the fact that he was not a resident of Delhi.

The PIL sought direction to the CBI for a “thorough court-monitored investigation and prosecution of respondent No. 3 (Kejriwal) to unearth the intention behind furnishing false information and concealment of information committed by respondent No. 3  in his affidavit”.

During arguments, the lawyers for the NGO said that under provisions of the Representation of the People (RP) Act, the EC could cancel the nomination of a candidate, who submitted false information in his or her affidavit.

The petitioner also alleged that the EC had not verified the affidavits “properly”.

“Whatever relief you (NGO) are seeking from this court cannot be granted in this PIL,” the court said. “You can approach the magisterial court as the High Court is not the appropriate forum,” it said.

Under the provisions of the RP Act, concealing information or falsifying information in an affidavit is a criminal offence.
Speaking to Newsline, Rahul Raj Malik said the NGO was going to file a criminal complaint before a magisterial court.

In another PIL, the court deferred hearing a plea seeking action against the AAP and Kejriwal for allegedly “misleading the voters” by making “false promises” in its poll manifesto.

Advocate M L Sharma had approached the Delhi High Court, alleging that the AAP had “misled Delhi citizens by making false promises in the election manifesto in their bid to enjoy power and benefits”.

“There has been an en masse fraud with the public of Delhi. The AAP knew that it cannot fulfil several of its promises but added them to the manifesto to cheat the public. The Home Ministry should take suo motu action and register an FIR under Section 420 IPC,” Sharma argued. The bench, however, asked him to look into a judgment issued by the Supreme Court on a similar matter, and deferred the hearing till February.

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