The Delhi High Court on Monday issued notice on an appeal challenging the January 28 order of the Single Judge dated which rejected the plea disputing the denial to file nomination papers by the Returning Officer
The Division Bench of Chief Justice DN Patel and Justice Hari Shankar has issued notices to Union of India, Delhi Government, Chief Electoral Officer and the Returning Officer, Election Commission.
On January 28, 11 Petitioners had moved the Delhi High Court claiming that they were deprived from filing their nomination papers for the upcoming Delhi Assembly elections, as the Returning Officer had allowed Arvind Kejriwal to jump the queue and file his papers out of turn.
On the same day, the Single Bench of Justice Sanjeev Sachdeva had rejected the plea on the ground of maintainability.
He had held in his order that as per section 100 of the Representation of the People Act, 1951, such petitions can't be moved before the High Court and that too prior to the completion of the election process.
The court had also noted that the law laid down by the Supreme Court in NP Ponnuswami case squarely applies to the facts of the present case.
However, the Single Bench did not make any observations on the merits of the case.
Today, before the Division Bench of the High Court, the Petitioners argued that they are not challenging the election process per se. Rather, they approached the present court because they wish to participate in the upcoming elections.
In their plea, they argued that the decision of the Returning Officer, which deprived them from filing nomination papers, is arbitrary, malafide and illegal.
The Division Bench, thereof, has directed the above-mentioned authorities to file their replies by February 6, 2020.