Delhi court summons Kejriwal for providing ‘false address’ in election affidavit

“There is sufficient material on record to summon accused Arvind Kejriwal for offences, punishable under Section 125-A of the Representation of People (RP) Act, 1951, Section 31 of the Representation of People Act, 1950 and Section 177 of Indian Penal Code, committed by him before holding the office of Chief Minister of Delhi. Thus, let summons be issued to accused…,” said the magistrate.

[related-post]

The orders follow a criminal complaint filed by Neeraj Saxena on behalf of NGO Maulik Bharat Trust. The NGO had first moved the Delhi High Court and alleged that Kejriwal violated provisions of the RP Act by submitting an affidavit with incorrect details of his assets and income at the time of filing nomination. The high court had refused to entertain the plea and directed the petitioners to approach a magisterial court.

Summoning Kejriwal, the magisterial court said the allegation that he falsely gave his address as one in Delhi — in order to qualify for contesting the polls in the capital — while he was living at Ghaziabad in Uttar Pradesh “prima facie amounts to wilful concealment, suppression and furnishing of false information…” “Thus there is sufficient ground for proceeding against the accused under Section 31 of the RP Act,” said the court.

“The factum of concealment of proper address by giving improper address, so that the proper/correct address remains untraceable, and also giving improper valuation of the said same property, prima facie amounts to wilful concealment and suppression and also furnishing of false information. Thus, there is sufficient ground for proceeding against accused,” said the magistrate.