delhi-hc-asks-bansuri-swaraj-to-respond-to-bharti-s-plea

The Delhi High Court has requested BJP MP Bansuri Swaraj to respond to a plea filed by Aam Aadmi Party (AAP) leader Somnath Bharti. Bharti’s petition challenges Swaraj's victory in the Lok Sabha election from the New Delhi constituency, alleging that her win was tainted by corrupt practices.

 

On Wednesday, Justice Neena Bansal Krishna presided over the case and decided to remove Raaj Kumar Anand, a Bahujan Samaj Party (BSP) candidate, from the list of respondents. Anand was accused by Bharti of being a pawn set up by the BJP to support Swaraj.

 

Bharti contended that Anand’s candidacy was strategically designed to syphon votes away from him. However, the court found Bharti's claims regarding Anand unsubstantiated, noting that Anand had received only 5,269 votes.

 

Even if those votes had gone to Bharti, he would still have lost to Swaraj. Consequently, Anand was removed from the case due to the lack of valid cause of action against him.

 

In addition to the removal of Anand, the Returning Officer, another respondent in the case, contested his inclusion, arguing that he was neither a necessary nor proper party under Section 82 of the Representation of the People Act.

 

The Returning Officer sought to address issues related to the release of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs) during the pending election petition. The court has scheduled a hearing for Tuesday to specifically address the release of these election materials.

 

 

Justice Manmeet Pritam Singh Arora has issued a notice to Bansuri Swaraj, directing her to file a response within 30 days. Somnath Bharti, through his lawyer Advocate KC Mittal, has requested the court to direct the Returning Officer to provide records related to the May 25, 2024, parliamentary election in New Delhi. Bharti was declared defeated by the Returning Officer, while Bansuri Swaraj was declared the winner on June 4, 2024.

 

The petition details that Bharti received 374,815 votes, while Swaraj secured 453,185 votes. Bharti alleges that Raaj Kumar Anand, who initially belonged to the Aam Aadmi Party, was placed in the contest by Swaraj’s party to split the vote.

 

Anand, who was previously active in campaigning for Bharti until April 9, 2024, resigned from the AAP the following day, citing pressure from investigative agencies. Anand then joined the BSP and later the BJP, which Bharti claims was part of a plan to undermine his candidacy.

 

Bharti's plea also includes allegations of unethical practices during the campaign. He claims that BJP workers distributed money and materials, such as saris and suits, to local residents while verifying their details against electoral rolls. 

 

Additionally, Bharti argues that Swaraj's campaign was religiously divisive, seeking votes based on religious lines, which he contends is against election norms.