Delhi High Court Refuses To Entertain Appeal Over Manish Sisodia's 2020 Election Win Citing Lack Of Maintainability

The Delhi High Court on Thursday (February 26) refused to entertain an appeal challenging a single judge order rejecting the challenge to election of Aam Aadmi Party (AAP) leader Manish Sisodia from Patparganj constituency in the 2020 Assembly polls.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia observed that the appeal was not maintainable before the High Court and has to be filed before the Supreme Court, under Section 116A of Representation of People Act.

Section 116A of the Representation of the People Act, 1951, provides for a direct appeal to the Supreme Court of India from any final order made by a High Court regarding election petitions.

The appeal was filed by Pratap Chandra, who had contested against Sisodia as a Rashtriya Rashtrawadi Party candidate.

As Chandra appeared in person today, the Bench, at the outset, asked him to go through Section 116A, underscoring that he will have to approach the Supreme Court if he intends to challenge the single judge order.

After being pointed out the same, Chandra withdrew the appeal.

“On being pointed out that the impugned order is appealable under Section 116A of RPA before the Supreme Court, the appellant seeks to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn,” the Court said.

Chandra had alleged that the election campaigning and display of election material by Sisodia continued during the prohibited forty-eight-hour period prior to the conclusion of polling.

He also alleged that Sisodia failed to disclose details of FIR registered against him in 2013 under the Prevention of Insult to National Honour Act, 1971, amounting to suppression of material facts.

Rejecting his challenge, the single judge had observed that no charge has been framed in respect of the criminal case mentioned by Chandra, and that he also failed to plead or aver that the Sisodia had knowledge of the said FIR.

It had further observed that Chandra failed to establish a specific cause of action in his election petition.

Title: PRATAP CHANDRA v. MR. MANISH SISODIA & ORS