Delhi High Court Stays Summons Against Sunita Kejriwal Over Her Name In Two Electoral Rolls Of Different Constituencies

The Delhi High Court stayed the summons under Section 31 of the Representation of the People Act, 1950 (RP Act) against Sunita Kejriwal over her name appearing in two electoral rolls of different constituencies.

The Court listed the matter for February 1, 2024. The Court noted that Sunita would not be liable under the RP Act for her failure to get her name removed from the electoral roll of the previous constituency.

The Bench of Justice Amit Bansal observed, “Further, the task of deletion of the name of the petitioner from the electoral roll of the previous constituency has to be undertaken by the electoral registration officer in terms of Section 23 of the RP Act, 1950 and failure on their behalf does not make the petitioner liable under the RP Act, 1950”.

Senior Advocate Rebecca M. John appeared for Sunita Kejriwal and Standing Counsel Sanjay Lao appeared for the State.

A Petition was filed by Sunita Kejriwal challenging the order of the Trial Court. The Trial Court had issued summons for the offences under Section 31 of the Representation of the People Act, 1950 (RPA). The summons were issued pursuant to a complaint under Section 200 of the Code of Criminal Procedure (CrPC) alleging that Sunita had registered herself in two different electoral rolls at two constituencies.

The Court noted that no evidence was submitted in the complainant showing prima facie that Sunita had made a false declaration. The Court further observed that the electoral registration officer had to remove her name from the electoral roll of the previous constituency.

“On a prima facie view, the impugned order proceeds only on the basis that the name of the petitioner appears in the electoral rolls at two different constituencies. However, it does not go into whether a false declaration has been made or not”, the Court noted.

Furthermore, the Court asserted that an individual is not liable under the RP Act if they fail to get their name removed from the electoral roll of a previous constituency.

The impugned order does not specify whether any false declaration was made by Sunita or not. The Court held that summons were issued without proper application of mind. The Court stayed the operations of the impugned order until the next hearing.

Accordingly, the Court listed the matter for February 1, 2024.

Cause Title: Sunita Kejriwal v State (NCT Of Delhi) And Anr.

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