The court has put a temporary halt to the implementation of the lower court's order and scheduled the matter for further hearing on February 1.
The Delhi High Court, on Monday, issued a stay order on the lower court's summons to Sunita Kejriwal, the wife of Chief Minister Arvind Kejriwal. She was summoned in relation to an allegation of violating the law by being enrolled in the voter lists of two assembly constituencies. Justice Amit Bansal has directed the State and the complainant to respond to Sunita Kejriwal's plea challenging the trial court's order, which had asked her to appear before it on November 18, PTI reported.
The court has put a temporary halt to the implementation of the lower court's order and scheduled the matter for further hearing on February 1. The allegation against Sunita Kejriwal, made by BJP leader Harish Khurana, is that she violated the provisions of the Representation of the People (RP) Act. Khurana's complaint states that Sunita Kejriwal was registered as a voter in both the Sahibabad assembly constituency in Uttar Pradesh and the Chandni Chowk assembly constituency in Delhi, which is alleged to be in violation of Section 17 of the RP Act. Khurana claims that Sunita Kejriwal should be punished for offenses under Section 31 of the Act, which deals with making false declarations.
Senior advocate Rebecca John, representing Sunita Kejriwal, argued in the high court that the trial court's order was issued without a proper application of mind. She emphasized that having two electoral cards was not an offense, and there was no evidence to prove that false statements were made.
The lower court, on August 29, had summoned Sunita Kejriwal for November 18, stating that a prima facie case was made out against her for alleged offenses punishable under Section 31 of the Representation of Peoples Act, 1950, which carries a maximum punishment of two years in jail.