Delhi High Court dismisses petition challenging AAP MLA Ajay Dutt’s 2020 election

The Delhi High Court has dismissed a plea challenging the election of Aam Aadmi Party (AAP) functionary Ajay Dutt as a Member of the Legislative Assembly (MLA) after it found that there were no dues payable by him to the government for use of accommodation.

Court was hearing a petition moved by one Rohitash, alleging that Dutt had intentionally given false information that no government dues were payable by him in the election affidavit.

While dismissing the petition, Justice Vibhu Bakhru stated that the petition failed to establish that the declaration made by Dutt to the effect that no amounts were due from him in respect of the government accommodation, was a false statement.

Dutt successfully contested in the Delhi Assembly Elections (Vidhan Sabha) 2020 from Assembly Constituency - 48, Ambedkar Nagar (SC), on February 8, 2020, as a candidate of the Aam Adami Party. On February 11, 2020, he was declared the elected candidate from the aforementioned constituency.

Rohitash alleged that an amount of over Rs, 2 lakh was due and payable to the Delhi Urban Shelter Improvement Board (DUSIB) by Dutt for occupying an office space.

He further prayed that the assembly election 2020 of the Ambedkar Nagar constituency be declared null and void under the election laws and directions be issued for conducting fresh elections to Dutt’s seat.

On Contrary, Dutt challenged the aforesaid allegations as well as the fact that he owed any money for holding the said office. He denied providing any false information in the affidavit he filed.

Court observed that the documents produced by the Secretary of the Delhi Legislative Assembly indicated that the license fee for the office space allotted to Dutt by DUSIB was not his liability and had to be discharged by the Assembly.

"There is no communication on record addressed to Dutt, in which DUSIB demanded a license fee for the office space allotted to him," the court noted.

Furthermore, the court noted that the counsel appearing for DUSIB had not disputed that the license fee for the office space in question was liable to be paid by the Delhi Legislative Assembly.

Accordingly, the court dismissed the plea.

Case Title: Rohitash v. The Chief Electoral Officer of Delhi and Ors.