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No relief for Arvind Kejriwal: HC declines to stay proceedings against the Delhi CM

Team SoOLEGAL 29 May 2018 2:30pm

No relief for Arvind Kejriwal: HC declines to stay proceedings against the Delhi CM

In a setback to Delhi CM, Arvind Kejriwal, the Delhi High Court on Monday refused to stay trial proceedings in a case alleging the CM of providing false information to the Election Commission in his affidavit so as to qualify for contesting the 2013 Assembly polls.

The matter came up for hearing before Justice A.K. Pathak, who listed the matter for further hearing on July 30. However, the judge granted Mr Kejriwal interim relief of exemption from personal appearance before the trial court till the next date of the hearing.

The counsel representing the AAP leader requested for a stay on the trial court proceedings claiming that there existed a defect in the summoning order, on the basis of which, notice could be framed on Mr Kejriwal.

In response to the counsel’s request, the judge said “he was not inclined to stay the lower court proceedings in the complaint case”.

Case background:

An NGO filed a plea in the Delhi High Court seeking quashing of the nomination paper of Delhi CM Arvind Kejriwal alleging "illegalities" in his affidavit that he filed before the poll in the 2013 assembly election.

In its petition, the NGO – Maulik Bharat Trust, claimed that the Chief Minister submitted an incorrect affidavit - containing details of his assets and income – at the time of filing his nomination paper thereby violating provisions of the Representation of People (RP) Act.

However, the HC bench comprising Justices N V Ramana and Rajiv Sahai Endlaw refused to entertain the PIL and directed the petitioners to approach a magisterial court.

Thereafter, a criminal complaint was filed against Mr Kejriwal in February, 2016 in the trial court by Neeraj Saxena and Anuj Agarwal, on behalf of an NGO. The petitioners claim that the CM had willfully concealed the details about his assets and income. However, he was granted bail by the trial court on December 24, 2016.

On May 29, 2016, the High Court issued a notice seeking response of the complainants in the matter. Following which, both the complainants, Mr Saxena and Mr Agarwal filed their replies.

 

 

Tagged: Arvind Kejriwal   Delhi High Court   Justice AK Pathak   AAP Leader   Maulik Bharat Trust   NGO   Representation of People Act  
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