The High Court has stayed the summons issued by the lower court in the matter of the name of Chief Minister Arvind Kejriwal’s wife, Sunita Kejriwal, being on the voter list from two different constituencies. Justice Amit Bansal issued notice to the government and the Election Commission in this matter and adjourned the hearing to February 1 next year. Sunita Kejriwal has challenged the ongoing relationship with the lower court in the High Court.
He has said in his petition that according to the Representation of the People Act, an offence is committed only when a person submits a false declaration. In this case, there is nothing on record to prove that a false declaration has been made. The court has issued the summons without proper consideration.
He said that this was a personal complaint. The magistrate’s court should have at least had an investigation done by the Election Commission before issuing summons. Meanwhile, the lawyer appearing for the state told the court that the complaint is barred by limitation. After considering the arguments, the court stayed the order of the lower court.
Metropolitan Magistrate Arjinder Kaur of Tis Hazari Court issued summons to Sunita Kejriwal on August 29, 2023.
The order was passed on the petition of Delhi Bharatiya Janata Party (BJP) leader Harish Khurana. Khurana had filed a complaint against Sunita Kejriwal in the year 2019 alleging that she was registered as a voter in the voter list of Sahibabad (Ghaziabad constituency) and Chandni Chowk in Delhi, which is a violation of Section 17 of the Representation of the People Act.
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It was said that she could also be punished for offenses under Section 31 of the Act which deals with making false declarations.
