[2019 Lok Sabha Elections] Delhi High Court dismisses plea against Election of BJP’s Meenakshi Lekhi

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Synopsis

Lekhi was accused of discrepancies in her poll expenditure and was alleged to have been involved in corrupt electoral practices

The Delhi High Court on Tuesday dismissed a plea that challenged the election of Meenakshi Lekhi, the Union Minister of State for External Affairs and Culture. This is pertaining to the 2019 Lok Sabha Elections.

The bench of Justice Sanjeev Narula said, “sans any underpinning material, the petitioner’s broad averments are insufficient to sustain the allegations of electoral corrupt practices”.

“The incurable defect in the affidavit accompanying the petition (as stipulated under Rule 94A of the 1961 Rules), further fortifies the Respondent’s case for rejection of the petition. Therefore, the application is allowed and disposed of”, the Judge added.

The petitioner, Ramesh had contested against Lekhi as who had contested as an independent candidate from the “New Delhi Constituency in the 2019 Lok Sabha elections”. Lekhi was accused of discrepancies in her poll expenditure and was alleged to have been involved in corrupt electoral practices.

She had allegedly crossed the ceiling amount of Rs. 70 lakhs in the campaigning and had spent over Rs. 1 crore in a big event.

Lekhi contented that the accusation were not precise and did not have any substantial evidence or documentation on supporting the claims of corrupt election practices. “The petitioner's affidavit was apparently not in compliance with the Representation of People Act and Conduct of Election Rules, 1961”, the counsel for Lekhi contended.

Taking note of the submissions, the Court said, "Throughout the petition, the central contention seems to be that respondent understated the expenses related to election activities in the official register. However, there is a conspicuous absence of specific details highlighting the discrepancies between the declared amounts and the alleged actual expenditures. Petitioner’s claims appear to be predicated on conjectures and assumptions rather than on solid evidence”.

The court also pointed that the affidavit accompanying the petition deviates from the prescribed format and the allegations were quasi-criminal in nature. “The petition being bereft of a cause of action, is dismissed under Order VII Rule 11 of the CPC. Pending applications are also disposed of”, the court ordered.

Case Title: Ramesh v. Smt. Meenakshi Lekhi