Delhi Court declines Plea Seeking Investigation into Gandhi‘s Voter Registration
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Published: November 2, 2023 | Last Updated: November 2, 2023
Background of the Case
A Delhi court has dismissed a petition requesting an investigation into allegations of forgery, cheating, criminal conspiracy, and violations of the Representation of the People Act, 1950, leveled against a prominent political figure. The petition, filed by Vikas Tripathi, centered on claims that the individual’s name appeared on the electoral roll before officially becoming an Indian citizen.
Tripathi alleged that the individual in question obtained Indian citizenship in 1983, yet their name was present on the voter list for the New Delhi constituency as early as 1980. He further asserted that the name was removed from the list in 1982 and subsequently reinstated in 1983.
The Petitioner’s Request
Based on these claims, Tripathi requested the court to direct authorities to register a case against the individual for alleged offenses including cheating, forgery, criminal conspiracy, and violations of the Representation of the People Act, 1950, due to alleged false declarations.
Court’s Reasoning and Ruling
In a detailed order,Additional chief Justice Magistrate Vaibhav Chaurasiya ruled against the petition. The court reasoned that the sole authority to determine eligibility for inclusion or exclusion from the electoral roll, as well as to adjudicate electoral offenses, rests with the Election Commission of India (ECI).
“Likewise, the authority to determine the eligibility of a person to be included in or excluded from the electoral roll and electoral offences thereof with predicate offense qua IPC/BNS is vested solely in the Election Commission of India under the Representation of the People Act, 1950, Representation of People Act, 1951 and the allied enactments,” Judge Chaurasiya stated in the order.
Essentially, the court resolute that the matter falls squarely within the jurisdiction of the ECI, not the criminal justice system.
Implications
This ruling clarifies the jurisdictional boundaries regarding electoral roll disputes and emphasizes the ECI’s exclusive authority in such matters. It underscores the importance of addressing electoral concerns through the established mechanisms overseen by the Election Commission.
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