HC rejects plea against election of Cong MLA Sultanpuri Majra
New Delhi: The Delhi High Court on Tuesday rejected a plea challenging the election of a Congress MLA in 2008 poll here for alleged concealment of facts, including criminal cases against him, at the time of filing nomination papers.
Justice Rajiv Sahai Endlaw dismissed the election petition filed by Nand Ram Bagri, a BJP candidate who had lost the election in Sultanpuri Majra Assembly constituency, the seat reserved for Schedule Caste candidate, challenging the election of Congress candidate Jai Kishan in 2008 Assembly poll.
Justice Endlaw said "there was no falsity or misrepresentation or suppression in the affidavit accompanying the nomination form of the respondent no 1 (Jai Kishan) and thus he is not found to be guilty of any corrupt practice."
The court accepted the argument of Jai Kishan`s counsel K C Mittal that the petitioner has not proved that the FIRs, which were referred to by him, have not disclosed whether congnisance had taken or charges had been framed.
"That mere registration of FIR is not to be disclosed in the nomination or the affidavit accompanying the same and only those FIRs of which cognisance has been taken and in which charges have been framed are to be disclosed.
The court also accepted the MLA`s submission that the objection, if any, ought to have been raised at the time of scrutiny of nominations and if the objection had been raised, the Returning Officer was duty-bound to decide the same.
"No objection was raised at that time and it is not open to the petitioner (Bagri) to now raise an objection to the statement or declaration in the nomination form in the affidavit filed therewith.
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