New Delhi: The Delhi High Court on Wednesday issued fresh notice to BJP leader Harish Khurana on a plea by AAP leader Arvind Kejriwal's wife challenging the summons issued to her for allegedly violating the law by getting herself enrolled in the voter lists of two assembly constituencies.
Justice Chandra Dhari Singh noted that complainant Khurana, on whose complaint Sunita Kejriwal was summoned, has not appeared before the high court for last occasions despite service of notice.
"As per the office report, respondent no. 2 (complainant) has been duly served. None for respondent no. 2 since the last four occasions despite notice. In the interest of justice, court notice be issued to respondent no. 2. It is made clear that if he fails to appear on the next date of hearing after service of notice, the matter will proceed," the high court said.
It listed the matter for further proceedings on December 10. The high court said the interim order, by which it had stayed the trial court's order summoning Sunita Kejriwal, will continue. It had on November 6 last year issued notice to the State as well as the complainant on Sunita Kejriwal's petition challenging the trial court's order asking her to appear before it on November 18, 2023 in connection with the allegation.
The BJP leader has alleged in his complaint that the former chief minister's wife has violated the provisions of the Representation of the People (RP) Act. Khurana has claimed Sunita Kejriwal was registered as a voter on the electoral rolls of the 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. During the hearing, the counsel appearing for Sunita Kejriwal argued before the high court that the trial court order was passed without proper application of mind.
She submitted that when Sunita Kejriwal shifted her residence, she had given a declaration to the authorities and it was for them to strike off her name from the previous electoral roll and that she can't be faulted for it. She said there was no evidence of record to show that the petitioner had made any false statement.
On August 29, 2023, a magisterial court had summoned the petitioner on November 18 last year. "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.
