LawChakra

“Too Many Errors, File Again”: Delhi HC to Somnath Bharti on Plea Against Bansuri Swaraj’s Election Victory

Today(on 22nd July), The Delhi High Court pointed multiple errors in Somnath Bharti’s petition challenging Bansuri Swaraj’s 2024 election win, citing typographical mistakes. The court has directed Bharti to submit a corrected version.

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"Too Many Errors, File Again": Delhi HC to Somnath Bharti on Plea Against Bansuri Swaraj's Election Victory

DELHI: Today(on 22nd July), The Delhi High Court highlighted numerous errors in AAP leader Somnath Bharti’s petition contesting BJP MP Bansuri Swaraj’s victory in the 2024 Lok Sabha elections, citing alleged corrupt practices. The court instructed Bharti to submit a revised petition.

Justice Manmeet PS Arora immediately noted the petition contained several typographical mistakes, making it challenging to comprehend the claims.

“There are numerous errors in the petition. Please correct it before I can issue a notice. Otherwise, I will have to adjourn the matter. Submit a revised petition.”

-the judge remarked.

The court observed discrepancies in the respondents’ references within the petition compared to those listed in the memo of parties and synopsis. Consequently, the court granted Bharti ten days to rectify these issues and scheduled the next hearing for August 14.

Both Somnath Bharti and Bansuri Swaraj were candidates for the New Delhi Lok Sabha seat. According to the returning officer’s results, Bharti garnered 3,74,815 votes, whereas Swaraj secured 4,53,185 votes.

Bharti’s petition, filed under Sections 80 and 81 of the Representation of the People Act, accused Swaraj, her election agent, and others of engaging in corrupt practices. The petition also claimed that former AAP minister Raaj Kumar Anand contested the election on a Bahujan Samaj Party ticket to aid Swaraj by dividing the vote share. On July 10, Anand subsequently joined the BJP.

The petition elaborated that Anand, while serving as a minister in the Aam Aadmi Party government in Delhi, actively campaigned for Bharti until April 9. Unexpectedly, Anand resigned from the party on April 10.

On the election day, Bharti was reportedly astonished to witness Swaraj’s booth agents distributing pamphlets displaying her ballot number, photo, election symbol, and a photograph of Prime Minister Narendra Modi.

“The agents were showing this to voters in the booth and instructing them to vote for Ballot No. 1.”

– the plea claimed.

The petition argued that-

“This action clearly constitutes a corrupt practice. It was reported to the returning officer (Respondent No. 3), but no action was taken.”

During the hearing, when Bharti’s counsel requested the court to issue a notice to the respondents based on the petition, the judge emphasized the necessity of first correcting the petition due to its numerous errors.

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