BJP MLA Satish Upadhyay during the first session of the Delhi Assembly, in New Delhi. File photo
| Photo Credit: PTI
The Delhi High Court would examine the plea of AAP leader Somnath Bharti who on Thursday (March 27, 2025) challenged the election win of BJP’s Satish Upadhyay from Malviya Nagar in the recently held assembly polls.
Justice Jasmeet Singh posted the matter on April 8 for Mr. Bharti to submit certain documents over his claim of a pending criminal case against Mr Upadhyay.
Mr. Upadhyay defeated Mr Bharti by winning the Malviya Nagar seat in the capital with 39,564 votes in the Delhi assembly elections held in February. Mr. Bharti plea’s has accused Mr Upadhyay of “corrupt practices” under the Representation of People Act.
Earlier this week, two separate petitions were filed before the high court challenging the election of BJP leader and Deputy Chief Minister Parvesh Sahib Singh Verma from the New Delhi constituency and that of former Delhi CM and AAP leader Atishi from Kalkaji constituency.
During the hearing on Thursday, senior advocate Rajiv Nayar, representing M.r Upadhyay, opposed the claim of any pending FIR and asked, “Where is the FIR?”. There has to be some material and details on which the allegation is based, Nayar said.
The court had initially said Mr. Bharti should file an affidavit giving the details on the allegations levelled by him in the petition.
“You are saying that there is a complaint which is pending. You have to say that it is pending… If you say you are unsure, then please be sure. That is why I am giving you time. In case this transpires that it is not pending, then you are making a false statement on affidavit,” the judge said.
“It cannot be a fishing enquiry. It is under the Representative of People Act. The respondent is somebody who has been declared as an elected member,” the court said.
Published – March 28, 2025 07:15 am IST
