A court order summoning Sunita Kejriwal, the wife of Chief Minister Arvind Kejriwal, over allegedly violating the law by enrolling in the voter lists of two Assembly constituencies was on Monday stayed by the Delhi High Court.
Justice Amit Bansal provided relief to Ms. Kejriwal, following her appeal against the order to appear on November 18, and listed the case for further hearing on February 1.
The summons was issued on August 29 by Metropolitan Magistrate Arjinder Kaur following a petition by Bharatiya Janata Party leader Harish Khurana, who alleged that Ms. Kejriwal was registered in the electoral rolls of the Sahibabad (Uttar Pradesh) and Chandni Chowk (Delhi) Assembly constituencies.
He contended that Ms. Kejriwal violated the provisions of the Representation of the People Act, an offence that attracts a maximum punishment of two years in jail.
Appearing for Ms. Kejriwal, senior advocate Rebecca John told the High Court that the order was passed without proper application of mind. She said having two electoral cards was not an offence and there was no evidence of record to show that Ms. Kejriwal had made any false statement.
In the summons order, the local court had said, “After considering the testimony of the complainant and other witnesses, this court is of the considered opinion that prima facie case is made out against the accused person, namely Sunita Kejriwal, w/o Arvind Kejriwal.”