A Delhi court on Friday said it will hear on May 1 a criminal complaint filed by AAP leader Atishi against former cricketer and BJP candidate Gautam Gambhir for allegedly enrolling as a voter in more than one constituency in violation of the Representation of the People Act (RPA).
The complaint seeking directions to police to investigate the matter has been put up for consideration before Metropolitan Magistrate Viplav Dabas.
The complaint has alleged that Gambhir, the East Delhi BJP candidate, has enrolled “deliberately” and “illegally” as voter in at least two separate constituencies here — Karol Bagh and Rajinder Nagar.
The plea, filed by advocate Mohd Irshad on Thursday, further alleged that Gambhir has provided false information in his nomination papers, accompanying affidavit and other documents preceding voter screening and registration in order to be seen as qualified to contest elections and potentially secure membership of the Parliament.
Complainant Atishi, who is the AAP candidate from the same constituency, has said in the complaint that the details of Gambhir’s registration in the constituencies were available online on the Election Commission’s National Voters’ Service Portal.
The complaint has sought directions to the Delhi police to investigate offences under sections 17 and 31 of the RPA, 1950, and section 125A (penalty for filing false affidavit) of RPA, 1951.
Section 17 of the RPA, provides that no person is entitled to be enrolled as a voter in more than one constituency and its violation was a criminal offence punishable with maximum of one-year imprisonment.
Section 31 of the Act makes false declaration in the matter of inclusion or exclusion of voter rolls punishable with up to one year in prison.
“It is clear that the Gambhir has made and continues to provide false information/statements/ declarations to the relevant authorities like the Election Commission of India in order to obtain and retain enrolments as a voter in two constituencies” the complaint alleged.
Both Atishi and Gambhir filed earlier this week their nominations papers for the elections on May 12.