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The court said the petitioner failed to implead a necessary party against whom allegations of corrupt practice had been made, which made it mandatory for the case to be dismissed under the ROPA Act. | Photo Credit: FILE PHOTO
While dismissing the plea, Justice Jasmeet Singh observed the petitioner failed to implead a necessary party against whom allegations of corrupt practice had been made. The same lapse mandatorily attracts dismissal under the Representation of the People Act (ROPA), 1951, the court said.
Mr. Upadhyay had defeated Mr. Bharti by a margin of 39,564 votes in the Delhi Assembly election held last year. In his petition, the AAP leader has accused the BJP MLA of corrupt practices under the Representation of the People Act (ROPA), alleging he deployed his agents to bring people to the polling booths in cars.
He also made certain allegations against Congress candidate from the constituency, Jitender Kumar Kochar, including claiming that Mr. Kochar’s entire election campaign was exclusively against him and therefore there was a deliberate and coordinated strategy to divide secular vote and secure an unfair electoral advantage.
“The petitioner’s omission to implead Mr. Kochar is not a mere technical lapse but an incurable defect, which as per the provisions of ROPA and the law declared by the Hon’ble Supreme Court, strikes at the root of maintainability of the present election petition,” the court said.
The plea also claimed there was a pending criminal complaint or FIR against the BJP leader.
Published – January 18, 2026 01:28 am IST
