New Delhi, 26 February (H.S.): A Division Bench of the Delhi High Court has dismissed a petition challenging the single judge's order that rejected an election petition against Manish Sisodia's victory from the Patparganj Assembly constituency in the 2020 Delhi Legislative Assembly elections. The bench, presided over by Chief Justice D.K. Upadhyaya, ruled that once an election petition stands dismissed by the High Court, it may only be contested in the Supreme Court, rendering it non-maintainable before the High Court.

The original election petition had been filed by Pratap Chandra, who lost the 2020 polls from Patparganj and secured just 95 votes. Chandra alleged that Sisodia committed corrupt practices under Section 126 of the Representation of the People Act during the elections, claiming Sisodia failed to disclose his criminal history in his nomination affidavit.

The High Court's single judge bench, led by Justice Jasmeet Singh, dismissed the petition on January 17, observing that it lacked material facts warranting a hearing. The court noted the allegations were vague and failed to comply with Section 83 of the Representation of the People Act by omitting essential particulars.

Crucially, under Section 100(1)(d), the petitioner did not demonstrate how the alleged corrupt practice materially affected the election result—a glaring deficiency in the plea.The court further remarked that the attached photographs featured only the party's election symbol and name, with no reference to Sisodia, and failed to specify whether they were taken during the 48-hour restricted period post-campaign conclusion.

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Hindusthan Samachar / Jun Sarkar