The Delhi High Court has issued a notice regarding a plea challenging the election of Aam Aadmi Party (AAP) leader Atishi Marlena from the Kalkaji constituency. The petition alleges that Atishi engaged in corrupt practices during the recent Assembly elections.
Justice Jyoti Singh has sought responses from Atishi, the Election Commission of India (ECI), the Returning Officer, and the Delhi Police. The matter has been listed for a hearing in July.
The plea was filed by Kamaljit Singh Duggal and Ayush Rana, who are voters from the Kalkaji Assembly Constituency. Atishi secured 52,154 votes, defeating BJP’s Ramesh Bidhuri by a margin of 3,521 votes.
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Legal Position of ECI and Returning Officer
During the hearing, the counsels for the Returning Officer and ECI submitted that, as per established legal precedents, neither the ECI nor the Returning Officer can be made a party in an election petition.
The Court, while seeking their response, clarified:
“It will be open for the ECI as well as the Returning Officer to take the said opposition in their replies.”
Justice Singh further directed the ECI, the Returning Officer, and the Delhi Police to preserve all election records related to the Kalkaji constituency. The election results were declared on February 9.
“It will be open for Respondents 2 to 4 to file an application for modification of the order if necessary,” the Court added.
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Allegations Against Atishi
The petitioners have alleged that a day before polling, Atishi’s close associates were found in possession of Rs. 5 lakh in cash. They claim that these associates were acting on her behalf to bribe voters and secure votes in her favor.
As per the petition, Atishi is accused of committing the corrupt practice of “bribery” under Section 123(1)(A) of the Representation of the People Act, 1951.
Additionally, the plea states that Atishi and AAP workers allegedly circulated fake videos that falsely accused BJP candidate Ramesh Bidhuri’s supporters of hooliganism in the Kalkaji constituency.
“It is further submitted that women workers of AAP later confessed that the 'fake videos' were created under the instruction of Respondent No. 1 - Ms. Atishi Marlena to tarnish the image of BJP and prejudice the prospects of Mr. Bidhuri in the upcoming elections,” the plea asserts.
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Misuse of Official Position
The plea further claims that Atishi leveraged her position as the then Chief Minister to gain an unfair advantage over other candidates in Kalkaji.
“The Respondent No. 1 misused her official position of power to subsidize her electioneering campaign and expand her reach to voters by using official vehicles and governmental employees to canvass for her support,” the petition states.
Alleged Electoral Offences
The petition also accuses Atishi of violating electoral laws by:
- Breaching the 48-hour pre-election silence period
- Filing a false affidavit by failing to disclose a pending criminal case against her
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With the High Court now seeking responses from all concerned parties, the case is set for further deliberation in the upcoming hearing.
Title: Mr. Kamaljit Singh Duggai & Anr v. Ms. Atishi Mariena & Ors.
