The judge further questioned the petitioner, asking, “Are you asking for an election to be declared void? Are you calling into question any election? How is the petition maintainable in the eyes of law? Withdraw this and take appropriate steps in accordance with law. I am dismissing it straightaway.”
NEW DELHI: Today(3rd Feb), The Delhi High Court has refused to entertain a petition demanding legal action against Aam Aadmi Party (AAP) leader Mukesh Kumar Ahlawat. The petition alleged that Ahlawat had hidden key details in documents submitted to the Election Commission of India (ECI).
Justice Subramonium Prasad dismissed the petition, stating that it did not challenge any specific election of Ahlawat.
The judge questioned its legal validity, saying, “How is this petition maintainable in law? Either you challenge [his previous] election on whatever grounds … this is not maintainable.”
The court also examined the reliefs sought in the petition and found them irrelevant to an election petition. One of the demands was to deny pension and other benefits to Ahlawat, who is contesting the upcoming Assembly elections from Sultanpur Majra constituency.
The judge further questioned the petitioner, asking, “Are you asking for an election to be declared void? Are you calling into question any election? How is the petition maintainable in the eyes of law? Withdraw this and take appropriate steps in accordance with law. I am dismissing it straightaway.”
Following these observations, the petitioner withdrew the plea, and the court officially disposed of the case.
Advocate Sidhant Kumar, representing the Election Commission of India (ECI), stated that the petition was premature because the elections had not yet taken place. He emphasized that an election petition can only be filed to challenge the validity of an election after it has occurred.
“Election petition can only seeking setting aside of an election,” he said.
The petition, filed by Satish Chauhan through Advocate Deepak Chauhan, alleges that in the 2008 Delhi Legislative Assembly elections, Ahlawat submitted a sworn affidavit to the Election Commission claiming no involvement in any criminal activity and no FIRs registered against him.
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However, the petition states that it was later discovered that several FIRs had been filed against Ahlawat, which he intentionally and deliberately concealed from the Election Commission.
The plea also highlights that Ahlawat failed to disclose his income, assets, and the number of children he had, thereby misleading the Election Commission.
“By withholding and concealing this critical information, it is evident that he misled and deceived the Election Commission, which he was obligated to fully inform,”
the plea states.
The petitioner alleges that this pattern of concealing vital information continued in the 2013 and 2020 Delhi Legislative Assembly elections. In both instances, Ahlawat allegedly failed to disclose details about pending and disposed criminal cases, his income, assets, and the number of children he fathered.
The petition argues that Ahlawat, currently receiving pension and other benefits as a Minister, is not deserving of these entitlements due to his alleged actions. The petitioner contends that these benefits should be immediately revoked.
Moreover, the plea demands that Ahlawat be disqualified from contesting future elections due to his repeated submission of false and misleading affidavits.
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According to the petitioner, Ahlawat’s actions have not only deceived the Election Commission but also undermined public trust in the electoral process.
The petition was submitted through advocates Deepak Chauhan and Kamal Chauhan.
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