Aam Aadmi Party (AAP) leader Somnath Bharti has moved the Delhi High Court to challenge the victory of Bharatiya Janata Party (BJP) leader Satish Upadhyay in the recent Assembly elections. The legal dispute pertains to the Malviya Nagar constituency seat, where Upadhyay emerged victorious.

Upadhyay secured the seat by garnering 39,564 votes, while Bharti managed to receive a total of 37,433 votes. Dissatisfied with the election results, Bharti has approached the court, citing alleged “corrupt practices” under the provisions of the Representation of the People Act, 1951. He has also claimed that there is a pending complaint or FIR against Upadhyay.

Court Hearing and Arguments

The matter was heard briefly by Justice Jasmeet Singh, where Somnath Bharti appeared in person to present his case. On the other hand, Senior Advocate Rajiv Nayar represented Satish Upadhyay.

Refuting the allegations, Nayar countered Bharti’s claims by stating:

“It is very easy to say that there is an FIR, but where is the FIR?”

The Court questioned Bharti regarding the criminal complaint's existence and its alleged pendency against Upadhyay.

“You are saying that there is a complaint pending. If you say you are unsure, then please be sure. That is why I am giving you time. In case this is not pending, then you are making a false statement on affidavit,” the Court remarked.

Additionally, the Court emphasized:

“It cannot be a fishing enquiry. It is under the Representation of the People Act. The respondent is somebody who has been declared as elected…”

Upon Bharti’s request for time to ascertain details regarding the pendency of the complaint, the Court adjourned the hearing to April 8.

Title: Somnath Bharti v. Satish Upadhyay