The
Delhi High Court on Monday stayed a lower court summons to Sunita Kejriwal, the
wife of Chief Minister Arvind Kejriwal, for allegedly violating the law by
getting herself enrolled in voter lists of two assembly constituencies.
Justice
Amit Bansal issued notice to the State as well as the complainant on Sunita
Kejriwal's plea challenging the trial court order asking her to appear before
it on November 18 in connection with the allegation.
Meanwhile,
there shall be a stay on the operation of the impugned order, the court ordered
as it listed the matter for further hearing on February 1.
BJP
leader Harish Khurana has alleged in his complaint that the chief minister's
wife has violated the provisions of the Representation of the People (RP) Act.
Khurana
claimed Sunita Kejriwal was registered as a voter on the electoral rolls of
Sahibabad assembly constituency (parliamentary constituency Ghaziabad), UP, and
also in the Chandni Chowk assembly constituency in Delhi, which was in
violation of Section 17 of the RP Act.
Sunita
Kejriwal was liable to be punished for the offences under Section 31 of the Act
which deals with making false declarations, he has claimed.
Senior
advocate Rebecca John, appearing for Sunita Kejriwal, argued before the high
court that the trial court order was passed without proper application of mind.
She
emphasised that having two electoral cards was not an offence and there was no
evidence of record to show that the petitioner had made any false statement.
On
August 29, Metropolitan Magistrate Arjinder Kaur had summoned the petitioner 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 the accused
person, namely Sunita Kejriwal, w/o Arvind Kejriwal, for the alleged commission
of the offences punishable under Section 31 of the Representation of Peoples
Act, 1950. Hence, the accused be summoned accordingly," the magistrate had
said.
The offence attracts a maximum punishment of two
years in jail.