New Delhi, Jul 8 (PTI)The Delhi High Court has dismissed a plea challenging the election of AAP leader Ajay Dutt as an MLA, saying the petitioner has failed to establish his claim that the lawmaker from the Ambedkar Nagar constituency had intentionally given false information on the affidavit for the 2020 assembly polls.

“The petitioner has failed to establish that the declaration made by respondent no.5 (Dutt) to the effect that no amounts are due from him in respect of the Government accommodation, is a false statement. The petition is, accordingly, dismissed,” Justice Vibhu Bakhru said in the July 7 order.

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The petitioner, Rohitash, alleged that Dutt incorrectly affirmed that there were no government dues payable by him in respect of government accommodation.

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He claimed that an amount of over Rs two lakh was due and payable to the Delhi Urban Shelter Improvement Board by the MLA for occupying an office space.

The petitioner, in his election petition, prayed that the assembly election in respect of the Ambedkar Nagar constituency be declared null and void under the election laws, and directions be issued for conducting fresh elections to that seat.

Dutt, who was represented by lawyer Anupam Srivastava, contested the petition and stated that although he did not dispute the occupation of the office space in question, no amount was payable by him to any authority.

He denied providing any false information in the affidavit filed by him.

Secretary, Delhi Legislative Assembly –represented by Delhi government counsel Gautam Narayan-- said that the allotment of the space was at the instance of the Delhi Legislative Assembly and the offices allotted to the MLAs were to be used as offices of the Assembly Constituency and therefore the liability to pay the license fee for the same rested with Assembly and not on the respective MLAs.

Both the respondents argued that the petition is liable to be rejected and the petitioner is precluded from challenging the election because he did not raise any such objection with the returning officer. PTI ADS

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