Kejriwal correctly enrolled in voters' list: ECI to HC

Published on:

04 Feb 2015, 12:00 am

AAP chief Arvind Kerjiwal is correctly enrolled in the voters' list for the upcoming assembly polls in the national capital, the Election Commission today told the Delhi High Court.

The poll body made the submission before the bench of Justice Vibhu Bakhru, which had on Monday sought its response on Congress leader Kiran Walia's plea seeking removal of Kerjiwal's name from the Delhi electoral rolls on the ground that he has illegally declared himself to be a resident of the national capital.

"Arvind Kejriwal's name was correctly enrolled in the electoral rolls of Delhi. He is registered as a voter in New Delhi constituency from the address 87, Block K, BK Dutt Colony (Jor Bagh)," ECI told the bench.

The court, however, asked the poll panel to produce the documents related to the decision taken by it while rejecting the representation made by Walia to delete entry of Aam Aadmi Party (AAP) leader's name from the electoral roll.

The poll panel also told the court that it has checked the latest electoral roll for Delhi and found Kejriwal's name in the voters' list from B K 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 V P House on Rafi Marg and then to B K Dutt Colony," the panel said, adding that "now they cannot make changes as it was to be done only before filing of the nomination".

The court, earlier, had issued notice to EC on Walia's plea, who is contesting the assembly election scheduled for February 7 from the New Delhi constituency, alleging that Kejriwal is not a resident of Delhi and had got his name entered in the electoral rolls by "manipulation, cheating and fraud".

The plea had claimed that "form 8A" filed by Kejriwal to change his name and address in the electoral rolls was "not maintainable" because he was no longer on the electoral rolls.

Walia had claimed that Kejriwal "ceased to be an elector from Delhi" when the EC rejected his application for enrolment as a resident of Vitthal Bhai Patel House on January 9, 2015.

"Question of transposition does not arise" the plea had said, adding that Kejriwal should have filed fresh application as a voter in Delhi under form 6.

The plea had also sought court's direction to the EC to hear the application for the transfer of Kejriwal's enrolment based on objections raised by Walia.

As per the law, an assembly poll candidate must be an elector from any constituency in the state going to poll.

A similar plea has also been filed by one Neeraj Saxena seeking cancellation of Kejriwal's candidature in the upcoming poll on the ground that he has allegedly illegally declared himself to be a resident of Delhi.

It alleged that the former Delhi Chief Minister has "illegally sought for inclusion of his name into the various electoral rolls of the capital city by illegally declaring himself to be an 'ordinary resident' of Delhi in past 22 months."