Delhi High Court today sought the response of BJP leader Vijender Gupta for filing an unsigned affidavit in a petition seeking to declare the election of Chief Minister Arvind Kejriwal in 2013 assembly polls as void, claiming he had exceeded the poll expense limit of Rs 14 lakh.
A bench of Justice Vipin Sanghi issued notice to Gupta, who is also Leader of Opposition in Delhi Assembly, on an application moved by Chief Minister Arvind Kejriwal seeking dismissal of the election petition filed against him.
The bench also issued notice to the Oath Commissioner, who had affixed his stamp on the affidavit, asking him to appear in person on the next date of hearing and posted the matter for October 12.
Senior advocate H S Phoolka, appearing for Kejriwal, contended that "Gupta has filed an unsigned affidavit in the eyes of law and the said affidavit was required to be signed before the attestation and deposition before Oath Commissioner."
"It appears that petitioner had not appeared before the Oath Commissioner for deposition. The stamps of the oath commissioner attesting the said blank affidavit is totally illegal and unlawful," he said.
Kejriwal in his plea has said that the unsigned affidavit was noticed during Gupta's cross examination by a court of Joint Registrar, which in its order held that it was not an affidavit in the eyes of law as it was unsigned and hence the petition is without any affidavit.
"That the present election petition has been filed by the petitioner without the mandatory affidavit in the eyes of law. Therefore, there is absolutely no compliance with the mandatory requirement, making the petition liable to be dismissed," the plea said.
Kejriwal also sought initiation of appropriate action against the Oath Commissioner who certified by affixing a stamp that the deponent has solemly affirmed before him the contents of said affidavit.
