HC dismisses BJP leader’s plea for quashing AAP MLA’s election

In a relief to an AAP MLA from Nangloi Jat Assembly constituency, Delhi High Court on Monday dismissed a BJP leader’s plea seeking quashing of his election for allegedly using corrupt practices in 2015 Assembly polls.

Justice Valmiki J Mehta turned down on technical grounds the plea by BJP’s Manoj Kumar Shokeen, who had lost the elections to AAP MLA Raghuvinder Shokeen by 37,024 votes in the Assembly poll. “Till date, there is no application which is filed by the petitioner before this court for amending the petition to add necessary parties, and thus the fact of the matter is that as of today there is non-compliance of Section 82(a) of the (Representation of Peoples) Act and hence on account of non- joinder of necessary parties, this election petition is liable to be and is accordingly dismissed...,” the court said.

It also observed that a reading of the prayer clause shows that clearly a declaration has been sought by the BJP leader for not only declaring the election of AAP MLA as void but also for a declaration that petitioner stands elected, and whereby Section 82(a) of the Act clearly comes into play.

Manoj Kumar Shokeen had moved the court seeking directions for setting aside the election of AAP’s Raghuvinder Shokeen as a member of the Legislative Assembly.

The elections were held on February 7, 2015 and results were announced on February 10 that year. With agency inputs