The Delhi High Court on Monday stayed a lower court summons to Sunita Kejriwal, the wife of Chief Minister Arvind Kejriwal, for allegedly violating the law by getting herself enrolled in voter lists of two assembly constituencies.
Justice Amit Bansal issued notice to the State as well as the complainant on Sunita Kejriwal’s plea challenging the trial court order asking her to appear before it on November 18 in connection with the allegation.
“Meanwhile, there shall be a stay on the operation of the impugned order,” the court ordered as it listed the matter for further hearing on February 1.
BJP leader Harish Khurana has alleged in his complaint that the chief minister’s wife has violated the provisions of the Representation of the People (RP) Act.
Khurana claimed Sunita Kejriwal was registered as a voter on the electoral rolls of Sahibabad assembly constituency (parliamentary constituency Ghaziabad), UP, and also in the Chandni Chowk assembly constituency in Delhi, which was in violation of Section 17 of the RP Act.
Sunita Kejriwal was liable to be punished for the offences under Section 31 of the Act which deals with making false declarations, he has claimed.
Senior advocate Rebecca John, appearing for Sunita Kejriwal, argued before the high court that the trial court order was passed without proper application of mind.
She emphasised that having two electoral cards was not an offence and there was no evidence of record to show that the petitioner had made any false statement.
On August 29, Metropolitan Magistrate Arjinder Kaur had summoned the petitioner on November 18.
“After considering the testimony of the complainant and other witnesses, this court is of the considered opinion that prima facie case is made out against the accused person, namely Sunita Kejriwal, w/o Arvind Kejriwal, for the alleged commission of the offences punishable under Section 31 of the Representation of Peoples Act, 1950. Hence, the accused be summoned accordingly,” the magistrate had said. The offence attracts a maximum punishment of two years in jail.
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