Delhi HC seeks response of Satyendra Jain on BJP leader’s plea to place docs challenging his election

The Delhi High Court Friday sought response of Delhi Health Minister Satyendra Jain on a plea by BJP leader S C Vats seeking to place additional documents relating to a challenge to the AAP leader’s election to the legislative assembly for allegedly indulging in “corrupt practices”.

Vats lost to Jain in the 2020 Delhi Assembly elections from Shakur Basti constituency here.

Justice Mukta Gupta sought Jain's reply on the fresh application by Vats seeking permission to place additional documents on records on the ground that the BJP leader was not having access to all the necessary documents earlier and has now got hands over them.

The court listed the plea for further hearing on February 24.

The application, filed through advocate Sahil Ahuja, said the documents include details of WhatsApp groups and snapshots of Facebook account and Twitter web pages which are relevant for adjudication of the issues involved in the election petition.

The application was filed in a pending petition challenging Jain’s election in which the court had earlier issued notice and sought responses of the AAP leader, Returning Officer, Chief Election Officer and three other candidates who had contested for the same constituency.

The petition, which was filed in August 2020, has sought that the Aam Aadmi Party (AAP) leader's election be declared as null and void and a re-election be done on the seat.

It has alleged that Jain "bribed" voters of his constituency with "gifts", like cameras, benches, air-conditioners and computers, to some societies there and therefore, prevented them from exercising their right to vote in a free and fair manner.

“The facts set out would clearly demonstrate that the respondent no.1 (Jain) has violated the purity of the election process and democracy which are both basic features of the Constitution. Consequently, the respondent no.1 is also liable to be disqualified from contesting the elections for such period as specified in the Representation of People Act,” the plea has said.

It has sought to declare Vats to be a successful candidate in the elections held on February 8, 2020 in Shakur Basti assembly constituency being the runner up candidate.

On the plea to preserve records of election, the high court had earlier refused to pass an order for maintaining status quo at this stage, saying the petitioner has already approached the court so late.

The plea has also claimed that Jain did not disclose his actual expenses incurred during the election campaign and exceeded the cap on poll expenditures.

The petition has further sought that during pendency of the matter, Jain be prevented from attending the legislative assembly and drawing emoluments or any other payments.