The Supreme Court on Friday (17 July) agreed to hear a petition filed by Aam Aadmi Party (AAP) leader Somnath Bharti challenging the election of BJP MLA Satish Upadhyay from Delhi's Malviya Nagar Assembly constituency in the 2025 Assembly elections.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta granted leave in the appeal after briefly hearing submissions from both sides.
Background of the Case
Bharti, a former MLA from Malviya Nagar, lost the 2025 Assembly election to Upadhyay by a margin of 2,131 votes. He later filed an election petition before the Delhi High Court, alleging corrupt practices under the Representation of the People Act, 1951.
The petition claimed that Upadhyay had not made certain mandatory disclosures during the election process. It also alleged that vehicles were used to transport voters and that the campaign of Congress candidate Jitender Kumar Kochar was allegedly coordinated to split votes. Upadhyay denied the allegations.
On January 17, the Delhi High Court dismissed the election petition, holding that Kochar had not been impleaded as a respondent despite allegations made against him, making the petition not maintainable under the Representation of the People Act.
Before the Supreme Court, senior counsel appearing for Bharti argued that the High Court had incorrectly treated Kochar as a necessary party to the election petition.
During the hearing, the Bench sought clarification on the interpretation of the relevant provisions of the Representation of the People Act.
"We will grant leave and hear it," the Bench observed while deciding to examine the matter in detail.
The Supreme Court granted leave to appeal and agreed to hear Somnath Bharti's challenge against the Delhi High Court's judgment.
The Court did not express any view on the merits of the allegations and kept all issues open for consideration.
Case Details
Case Title: SOMNATH BHARTI v. SATISH UPADHYAY
Case Number: Diary No. 10053/2026
Judge: Justice Vikram Nath and Justice Sandeep Mehta
Decision Date: July 17, 2026
