BJP candidate Manjinder Singh Sirsa will now be able to contest the upcoming bye-election for the Rajouri Garden Assembly seat here after the Delhi High Court today dismissed a plea challenging his nomination.
Justice Rajiv Sahai Endlaw said the petition by Meenakshi Chandela, who is contesting from the constituency on a Congress ticket, is not maintainable at this stage as Sirsa has only filed his nomination to contest the bypoll.
The court said if the BJP candidate, who is also a member of the Shiromani Akali Dal (SAD) and is the general secretary of Delhi Sikh Gurdwara Management Committee (DSGMC), has given some wrong information during filing of his nomination before the returning officer, his election can be challenged later.
It observed that the voting is yet to take place.
Chandela, a two-time councillor from Khyala which comes under Rajouri Garden constituency, had approached the high court challenging the acceptance of Sirsa's nomination papers for the bye-election by the returning officer.
The polls will be held on April 9, days before the capital votes to elect councillors for the three corporations on April 23.
The seat fell vacant after AAP legislator Jarnail Singh resigned in January for contesting the Punjab assembly election.
The petition had said that the nomination form as well as the affidavit filed by the BJP candidate along with it were against the various provisions of the Representation of the People Act and rules and the Constitution of India.
There was deliberate supression of information which was necessary to be furnished to the returning officer, the plea had said.
The Election Commission of India and the Delhi State Election Commission, represented by advocate Sumeet Pushkarna, had opposed the plea on the ground that the returning officer had no power to reject the nomination papers of candidates.
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