The Delhi High Court Monday dismissed as not maintainable a plea challenging a returning officer's order rejecting a complaint against the nomination of an AAP candidate from Karol Bagh for allegedly concealing his educational qualification in poll affidavit for the upcoming Assembly elections.
Justice Sanjeev Sachdeva said there cannot be a two-pronged attack to an election and that the law is clear that such challenge can only be made after declaration of poll result.
The court passed the order while dismissing the petition filed by Yoginder Chandolia, BJP candidate contesting from Karol Bagh constituency, against Vishesh Ravi who is an AAP candidate from the same seat.
The plea alleged that the AAP candidate had willfully and intentionally concealed material facts and gave false statement in poll affidavits.
It claimed he has concealed the factum of pending criminal case against him and there were discrepancies in his affidavits.
"However, despite the facts that there was substantial defect in the affidavit filed by respondent no. 4 (Ravi), the said objection filed by petitioner (Chandolia) is dismissed by the respondent no. 3 (returning officer) vide order dated January 22, 2020 inter alias holding that these defects are not substantial.
"It is settle law that suppression of pending criminal case and education qualification are substantial defect and in such case nomination form are liable to be rejected. Hence impugned order is not sustainable," the plea said.
Polling on 70 Assembly seats of Delhi will be held on February 8 and the counting of votes will take place on February 11.
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