HC seeks response of AAP MLA Prakash Jarwal on plea challenging his election
However, the court said as a question of law is involved in the plea, ECI shall be retained as a party to it. The petitioner, represented through Amit Tiwari, submitted that the Deoli constituency is reserved for Scheduled Castes candidates and Jarwal, being a person belonging to caste ‘Bairwa’, which is not a Scheduled Caste but OBC in the list notified by the Delhi government, could not have contested the election.
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The Delhi High Court Monday sought the response of AAP MLA Prakash Jarwal on a plea challenging his election to the legislative assembly from a reserved seat. Petitioner Arvind Kumar, who was a BJP candidate, lost to Jarwal in the 2020 Delhi Assembly elections from Deoli constituency in South Delhi.
Justice V Kameswar Rao issued notice to Jarwal and the Election Commission of India (ECI) and sought their replies on the petition and listed the matter for further hearing on January 27 next year. Earlier a similar petition was filed challenging Jarwal's election by another candidate, Dal Chand Jarwal, who lost from the seat. The high court had sought ECE's reply on that petition also.
ECI, which was represented through advocate Sidhant Kumar, said the commission was a necessary or proper party in the petition. However, the court said as a question of law is involved in the plea, ECI shall be retained as a party to it.
The petitioner, represented through Amit Tiwari, submitted that the Deoli constituency is reserved for Scheduled Castes candidates and Jarwal, being a person belonging to caste 'Bairwa', which is not a Scheduled Caste but OBC in the list notified by the Delhi government, could not have contested the election. He said he belonged to the 'Jatav' caste which is a notified scheduled caste.
The petitioner sought to declare the nomination papers filed by Jarwal and his election to the Deoli constituency seat as void. He sought to declare himself as the returned candidate as he has secured the next highest tally of votes in the constituency.
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