The petition sought that the AAP leader Prakash Jarwal be made ineligible to contest elections
The Delhi High Court has sought AAP MLA Prakash Jarwal's response on a plea challenging his election to the Legislative Assembly from a reserved seat.
Petitioner Dal Chand Kapil lost to Jarwal in the 2020 Delhi Assembly elections from Deoli constituency in South Delhi.
Justice V Kameswar Rao issued notice to Jarwal and Election Commission of India (ECI) and sought their replies on the petition and listed the matter for further hearing on October 19.
Advocate Mehmood Pracha, appearing for Kapil, submitted that the Deoli constituency is reserved for Scheduled Castes candidates and Jarwal, belonging to 'Bairwa'' caste, which is not a Scheduled Caste but OBC in the list notified by the Delhi government, could not have contested the election.
Advocate Sidhant Kumar, representing the ECI, said that the election petition has been filed beyond a period of 45 day, the limitation period prescribed under the Representation of Peoples Act, 1951.
The petition, filed through advocate Jatin Bhatt, sought that Jarwal's election be declared void and set aside and fresh polls be ordered for the concerned seat.
It also sought that the AAP leader be made ineligible to contest elections from any Delhi Assembly constituency reserved for the Scheduled Castes.