File photo of Delhi Chief Minister Arvind Kejriwal.
BJP leader Vijender Gupta has denied Arvind Kejriwal's allegation that he had filed an unsigned affidavit in a petition seeking to declare AAP leader's 2013 election as void.
The submission was made before Justice Vipin Sanghi, who after perusing the oath commissioner's register, observed that there was no technical error or discrepancy in the BJP leader's signature.
However, senior advocate HS Phoolka, appearing for Mr Kejriwal, requested the High Court to allow him to see the Oath Commissioner's register, asserting that there was a difference of signature in the entry register and the affidavit filed by Mr Gupta.
To this, the judge said the affidavit filed in the matter has the Mr Gupta's signature and even the Oath Commissioner register has that entry. There is no error on his part, he said.
However, the judge allowed Mr Phoolka to look at the register and respond to it on next date of hearing.
Mr Gupta, also Leader of Opposition in Delhi Assembly, was replying to the application by Mr Kejriwal seeking dismissal of the election petition filed against him.
Mr Gupta's counsel Ajay Digpaul and Neeraj said the affidavit was duly signed in presence of the Oath Commissioner and Kejriwal's application needs to be dismissed.
The election petition by Gupta has claimed that Mr Kejriwal had exceeded the poll expense limit of Rs 14 lakh.
The Oath Commissioner, who had affixed her stamp on the affidavit, was also present in the court said the BJP leader had put his signature.
Mr Kejriwal in his plea has said that an unsigned affidavit was noticed during Gupta's cross examination by a court of Joint Registrar, which in its order held that it was not an affidavit in the eyes of law as it was unsigned and hence the petition is without any affidavit.
On September 26, 2014, the court had framed the issues to be decided on the election petition, saying it would decide whether the expenses incurred by Mr Kejriwal in the 2013 assembly elections were in contravention of the Representation of People Act and whether he had indulged in corrupt practices within the meaning of the Act.
Mr Gupta in his election petition has alleged that Mr Kejriwal had indulged in corrupt practices and incurred an expenditure of nearly Rs 94.80 lakh during campaigning.