Delhi HC dismisses plea to cancel nomination of aap candidate
A bench of justice Subramonium Prasad ruled that the petition was not maintainable, as it did not challenge a specific election
The Delhi high court on Monday dismissed a plea that sought directions to the Election Commission of India (ECI) to cancel Delhi employment minister Mukesh Kumar Ahlawat’s nomination for the upcoming assembly elections, rejecting allegations that he filed a false affidavit concealing material information.
Ahlawat, contesting from Sultanpur Majra on an Aam Aadmi Party (AAP) ticket, was challenged by petitioner Satish Chauhan, a resident of the constituency.
A bench of justice Subramonium Prasad ruled that the petition was not maintainable, as it did not challenge a specific election.
“How is it maintainable (as an election petition) in the eyes of law? A false affidavit given to the returning officer is an offence under Section 125A of the Representation of People’s Act. I’m dismissing the plea straight on the ground that you are not calling any particular election in question,” the bench told advocate Deepak Chauhan, who appeared for the petitioner.
The court’s decision came days after another bench had rejected a similar plea from Chauhan on maintainability grounds. A bench of justice Jyoti Singh, on January 29, had advised him to file an election petition instead.
In his plea, Chauhan alleged that Ahlawat, while filing his nomination, had suppressed details about his criminal antecedents and assets, and accused him of misleading ECI in previous elections in 2008 and 2020.
ECI was represented by advocate Siddhant Kumar.
Chauhan’s petition also sought to stop Ahlawat’s pensionary benefits, but the court dismissed this, noting that the Election Commission had no authority over such matters. “You are seeking to put the pension on hold. It is not a work of the election commission,” the bench remarked.
