Election of BJP councillor in Delhi quashed
December 3rd, 2008 - 11:34 pm ICT by IANS
New Delhi, Dec 3 (IANS) A city court Wednesday quashed the election of a Bharatiya Janata Party (BJP) municipal councillor for not providing full details of his assets in the affidavit filed with his nomination papers.The election of BJP candidate Sunder from ward number 153 (Daryaganj) was declared null and void by Additional District Judge Kamini Lau for violating the directions of the apex court and the State Election Commission.
The court ordered that Congress candidate Ramesh Dutta, who had secured the second highest number of votes and had filed the petition challenging Sunder’s election, be declared winner.
It also directed the State Election Commission to initiate criminal proceedings against the BJP candidate for not disclosing the information relating to his assets, and under the Indian Penal Code (IPC) section 176 for omission to give notice or information to public servant which he was legally bound to do, and section 181 for submitting false information on oath.
Dutta challenged Sunder’s elections claiming that the BJP candidate was running a Kerosene Oil Depot at Sarai Kale Khan, which was not declared by him in his affidavit.
The court, in its order, relied upon a Supreme Court verdict making it mandatory for the election candidates to declare their assets while filing nomination papers.
The elections to the 272-member municipal body were held on April 5 last year.
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Tags: apex court, bharatiya janata party, congress candidate, indian penal code, kerosene oil, municipal councillor, nomination papers, public servant, state election commission, supreme court verdict