The Delhi High Court, on July 8 last year, refused to dismiss Tiwari’s plea, stating that there was no justification to reject the petition at that stage.
NEW DELHI: The Supreme Court will hear Aam Aadmi Party (AAP) leader Durgesh Pathak‘s plea on Monday, seeking dismissal of a petition that challenges his election from Delhi’s Rajinder Nagar Assembly seat in the 2022 bypolls.
A bench led by Justice Surya Kant is scheduled to hear the matter and has asked Rajan Tiwari, who filed the election petition in the Delhi High Court, to respond.
Background
Durgesh Pathak won the June 2022 bypoll from Rajinder Nagar, defeating his closest rival by a margin of 11,468 votes. However, Rajan Tiwari, claiming to be a voter from the constituency, challenged Pathak’s election before the Delhi High Court.
In his petition, Tiwari alleged that Pathak engaged in corrupt practices.
The Delhi High Court, on July 8 last year, refused to dismiss Tiwari’s plea, stating that there was no justification to reject the petition at that stage.
Tiwari’s petition is based on multiple allegations:
- Non-disclosure of criminal records: He claimed that Pathak did not mention an FIR registered against him for alleged offences under the Indian Penal Code (IPC) and the Information Technology (IT) Act.
- Office of Profit: Tiwari argued that Pathak held an “office of profit” as a member of the Delhi Commission for Protection of Child Rights (DCPCR) at the time of his election, making him ineligible.
- Suppression of Financial Details: The petition also alleges that Pathak concealed his income-tax returns for the financial year 2019-20 and provided incorrect information regarding the valuation of shares in a company.
- Corrupt Practices: The petition states that Pathak indulged in corrupt activities as per Section 123 of the Representation of the People (RP) Act and willfully concealed facts amounting to “undue influence” under the law.
Tiwari has urged the court to declare Pathak’s election “null and void” due to these alleged violations.
Durgesh Pathak had earlier approached the Delhi High Court, arguing that Tiwari’s election petition should be dismissed since it did not disclose a cause of action. He maintained that the allegation regarding the non-disclosure of criminal records was only based on an FIR and did not warrant disqualification. However, the high court refused to accept his request.
With the Supreme Court now set to hear Pathak’s plea, the case is expected to take a decisive turn. The apex court has already sought Tiwari’s response, which will be crucial in determining the future course of the case.
In the Assembly elections held earlier this month, Durgesh Pathak contested again but lost to Bharatiya Janata Party’s (BJP) Umang Bajaj by 1,231 votes from Rajinder Nagar.
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