The Delhi High Court on Wednesday refused to strike off AAP chief Arvind Kerjiwal’s name from electoral roll, after the Election Commission of India (ECI) said his name has been correctly enrolled in the voters’ list for Saturday’s Assembly polls in the national capital.
The decision came in response to the petition filed by Congress leader Kiran Walia, questioning the legality of his candidature from the New Delhi seat as he is a resident of Uttar Pradesh. Walia, who is contesting against Kejriwal from New Delhi constituency, moved the High Court saying that the AAP chief gave his wrong residence address because he wished to become an elector from Delhi.
“In view of the statutory bar on the modification of the electoral roll at this stage, relief with regard to striking off the name of respondent no 8 (Arvind Kejriwal) cannot be granted,” Justice Vibhu Bakhru said.
“The election process has begun, so there is not point in interfering with it,” the court added. It further said that the objection raised by Congress leader Kiran Walia and NGO Maulik Bharat Trust with regard to inclusion of Aam Aadmi Party (AAP) leader’s name is pending before the Electoral Registration Officer, shall be considered after the election.
“We (the court) are not entertaining the dispute whether the respondent (Arvind Kejriwal) is an ordinary resident of Delhi or not. It is before ECI and they are saying that they will hear them,” the court said, adding that the poll panel should intimate the outcome of the objections to the parties.
Advocate PR Chopra, appearing for ECI informed it that Kejriwal’s name was correctly enrolled in the voters’ list of Delhi and was also verified by the poll panel officials who had submitted that he was presently residing at the BK Dutt colony in South Delhi.
“Arvind Kejriwal is registered as a voter in New Delhi constituency under 87, Block K, BK Dutt Colony (Jor Bagh),” ECI told court. The poll panel said it has checked the latest electoral roll for Delhi and found Kejriwal’s name in the voters’ list from BK Dutt Colony.
“Though he had briefly lived at Tilak Marg, after taking over the post of Chief Minister last year, he had applied for a change of address just ahead of the polls, first to VP House on Rafi Marg and then to BK Dutt Colony,” the panel said, adding that “now they cannot make changes as it was to be done before the last date of filing of the nomination”.