The petitioner alleged that Arvind Kejriwal falsely gave a Delhi address to qualify for contesting the polls in the Capital while he was living in Ghaziabad, Uttar Pradesh.
Delhi Chief Minister Arvind Kejriwal was today summoned as an accused for allegedly giving false information in an affidavit filed in run up to 2013 assembly polls by a court here which said he had prima facie “willfully concealed” and “suppressed” the details.
Metropolitan Magistrate Snigdha Sarvaria directed the AAP leader to appear before the court on July 30, saying that there was “sufficient ground” to proceed against him on the allegations that he had concealed his correct address and suppressed the market value of his property in his affidavit given before the Election Commission.
“There is sufficient material on record to summon accused Arvind Kejriwal for offences punishable under section 125-A of the Representation of People Act, 1951, section 31 of the Representation of People Act, 1950 and section 177 of Indian Penal Code committed by him before holding the office of Chief Minister of Delhi.
“Thus let summons be issued to accused Arvind Kejriwal… returnable on July 30,” the court said. It said that the allegation against Kejriwal that he falsely gave the address of Delhi so as to qualify for contesting the polls in the Capital while he was living in Ghaziabad, “prima facie amounts to willful concealment and suppression and also furnishing of false information and thus there is sufficient ground for proceeding against the accused Arvind Kejriwal under section 31 of RP Act.”
“The factum of concealment of proper address by giving improper address so that the proper/correct address remains untraceable and also giving improper valuation of the said same property prima facie amounts to willful concealment and suppression and also furnishing of false information and thus there is sufficient ground for proceeding against accused Arvind Kejriwal under section 125-A of the RP Act and section 177 (furnishing false information) of IPC,” the court said.
The court passed its order on the criminal complaint filed by Neeraj Saxena on behalf of the NGO, Maulik Bharat Trust, through advocate Rahul Raj Malik. The offence under section 125-A of the RP Act entails a punishment of six months’ imprisonment and/or fine or both.
Earlier, the NGO had approached Delhi High Court with a plea seeking quashing of Kejriwal’s nomination papers on the grounds of “illegalities” in his affidavit.
High court had refused to entertain the plea and directed the petitioners to approach a magisterial court for remedy.
The NGO in its petition before high court had alleged that Kejriwal violated provisions of the RP Act by submitting an affidavit which had incorrect details of his assets and income at the time of the filing of nomination. IE
Read Laws @ LatestLaws.com-
- Representation of the People (Amendment) Act, 2008
- Representation of the People (Amendment) Act,2009