AAP’s Somnath Bharti moves Delhi HC, challenges assembly poll win of BJP’s Satish Upadhyay   -OxBig News Network

The Delhi High Court would examine the plea of AAP leader Somnath Bharti who on Thursday 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 Bharti to submit certain documents over his claim of a pending criminal case against Upadhyay.

Upadhyay defeated Bharti by winning the Malviya Nagar seat in the national capital with 39,564 votes in the Delhi assembly elections held in February.

Bharti plea’s has accused Upadhyay of “corrupt practices” under the Representation of People Act.

The plea also claimed there was a pending criminal complaint or FIR against the BJP leader.

Senior advocate Rajiv Nayar, representing Upadhyay, opposed the claim of any pending FIR and asked, “Where is the FIR?” Nayar called it a “defective petition”.

There has to be some material and details on which the allegation is based, Nayar said.

The court had initially said 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.

The court added, “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 petitioner offered to go to a Bhopal court to get the details and necessary documents.

On March 26, two separate courts issued notices on pleas 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.