The Delhi High Court Monday issued notice to AAP leader Arvind Kejriwal on a plea filed by Congress leader Kiran Walia, questioning the legality of his candidature from the New Delhi constituency as he is a resident of Uttar Pradesh.
Justice Vibhu Bakhru posted the matter for Feb 4 and sought response from Kejriwal, the Election Commission and Delhi's Chief Electoral Officer.
Walia, who is contesting against Kejriwal from New Delhi, moved the high court saying the Aam Aadmi Party chief gave a wrong residential address because he wished to become an elector from Delhi.
Seeking cancellation of Kejriwal's candidature, Walia said he cannot contest from New Delhi as he is a resident of Uttar Pradesh.
She said the former Delhi chief minister has committed fraud by submitting a false affidavit to the Election Commission that he is a permanent resident of B.K. Dutt Colony.
The plea filed through advocate Pankaj Kumar said Kejriwal, after stepping down as chief minister, vacated the government accommodation at Tilak Lane and shifted to "Flat No.403, Girnar Apartments, Kaushambi in Ghaziabad, Uttar Pradesh".
It said the Election Commission's decision to include Kejriwal's name in the final electoral rolls was illegal and unjustified as it has illegally facilitated an outsider and a non-resident of Delhi, by registering his name into the electoral rolls and further accepting his nomination papers.
"Arvind Kejriwal furnished false facts before the Election Commission for the purpose of introducing his name as an elector in Delhi by showing himself to be the ordinary resident of a place where he actually does not reside at all."
The Representation of the People Act has the provision of conviction of six months or fine or both, the plea said.
Meanwhile, a similar plea was filed in the high court by NGO Maulik Bharat Trust against the alleged "illegal inclusion" of Kejriwal's name in the electoral rolls in New Delhi assembly constituency.
Voting for the 70-member Delhi assembly will take place Feb 7. Votes will be counted Feb 10.
