The bench of Justice Amit Bansal decided to stay the order issuing summons to Sunita Kejriwal and said that the order of stay on the trial court order will remain in force till February 1, 2024, when the matter will be heard next.
Senior Advocate Rebecca John appeared for Sunita Kejriwal and submitted that the Representation of People Act, an offence is made out only if a person submits a false declaration and in this case, the complainant has not placed on record anything that proves a false declaration was made.
Earlier this year on August 29, the Tis Hazari district Court had passed the order while hearing a complaint filed by Delhi BJP leader Harish Khurana. The case was filed by Harish Khurana in 2019.
Metropolitan magistrate Arjinder Kaur has issued a summon to Sunita Kejriwal after considering the testimony complaint and witnesses. She has been directed to appear before the court on November 18.
“After considering the testimony of the complainant and other witnesses, this Court is of the considered opinion that prima facie case is made out against accused person namely, Sunita Kejriwal for the alleged commission of the offences punishable under section 31 of the Representation of Peoples Act, 1950,” MM Arjinder Kaur said in the order passed.
Hence, the accused be summoned accordingly, the court ordered.
The complainant Harish Khurana has alleged that the proposed accused has violated Section 17 of the Representation of Peoples Act, 1950 by getting herself enrolled in the voter list of two different constituencies and thereby committed an offence punishable under Section 31 of the Representation of Peoples Act. (ANI)