Lawstreet Journal

Delhi Court Dismisses Atishi Marlena's Complaint Against Gautam Gambhir [Read Order]

Lawstreet Journal 23 Oct 2019 5:40pm

Image courtesy: Lawstreet Journal Judiciary Delhi Court Dismisses Atishi Marlena's Complaint Against Gautam Gambhir [Read Order]

Additional Chief Metropolitan Magistrate Samar Vishal on October 22, 2019, in the case of Atishi Marlena v. Gautam Gambhirhas dismissed a complaint filed by theAAP leader Atishi Marlena against BJP MP Gautam Gambhir for committing electoral offences under Sections 17, 31 and 125A of the Representation of the People Act, 1950, and Section 417 of the Indian Penal Code, 1860.

Marlena approached the court with the complaint after she came to know that Gautam Gambhir was registered as voter in two different constituencies in violation of law. These constituencies were Karol Bagh and Rajinder Nagar.

It was submitted in the complaint that as per section 17 read with section 31 of the Representation of the People Act, 1950, it is an offence for a person to have more than one voter I­cards if the same have been obtained by making false declaration/statement. No person can be enrolled as a voter in more than one constituency and doing so is a criminal offence punishable with a sentence upto one year or with fine or both.

Marlena had also alleged the offence of filing false electoral affidavit under section 125A of the Act read along with section 417 of the Indian Penal Code. 

Placing reliance on the judgment in Shanti Swaroop v. Abdul Rehman, AIR 1965 Madh Pra 55(59), the court dismissed the complaint under section 17. It observed that “Section 17 is not a penal provision but a legal mandate that a person cannot be registered as a voter in more than one… Continue Reading...

Tagged: Gautam Gambhir   Aam Aadmi Party  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0

C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail