New Delhi: The Delhi High Court on Wednesday (April 30) rejected an election petition challenging the election of Chirag Paswan, Union minister and Lok Janshakti Party (Ram Vilas) president, from Hajipur Lok Sabh seat in Bihar on the ground of lack of territorial jurisdiction.
Justice Amit Bansal dismissed the election petition, saying since the election was held in Bihar, the high court did not have the power to adjudicate it.
“Accordingly, the election petition is dismissed on the ground of lack of territorial jurisdiction,” the High Court said while allowing the petitioner liberty to avail other legal remedies, news agency PTI reported.
What did the petitioner say?
The petitioner claimed to be a survivor of sexual assault, which was committed at the “insistence” of Paswan’s cousin Prince Raj and his associates including Paswan, who did not disclose this “criminal antecedent” at the time of filing his nomination for the Lok Sabha polls.
The petitioner argued that concealing any information in the affidavit in the respect of criminal cases or filing a false affidavit violates Section 125A of the Representation Of People Act and the same is punishable with imprisonment.
What did the ECI, Centre argue?
Advocate Sidhant Kumar, who represented the Election Commission of India (ECI), said the election was held in Bihar and the election petition was not maintainable in Delhi in terms of the Representation of People Act.
Additional Solicitor General (ASG) Chetan Sharma, who appeared in the matter on behalf of Centre, told the court that only a voter of a constituency or a candidate can file an election petition challenging the election under the law and the petitioner in the case did not fall in either of the categories.
High Court earlier asked petitioner to approach jurisdictional high court
The High Court earlier had questioned the maintainability of the petition here and had asked petitioner’s lawyer to approach the jurisdictional high court (Patna High Court).
“The constituency is in the state of Bihar. It is better you withdraw (the plea) and go to the jurisdictional high court,” the High Court earlier told petitioner’s counsel.
