Khurana’s complaint, filed in 2019, centers on alleged infringements of Section 17 and Section 31 of the RPA, which prohibit individuals from being registered in multiple constituencies and mandate accurate voter information, respectively. Citing potential fraud, he asserts that Kejriwal’s dual registration contradicts the legal requirements of India’s electoral laws, especially under the provisions aimed at ensuring fair elections. This complaint prompted the Metropolitan Magistrate’s court to issue a summons, ordering Sunita Kejriwal to answer these allegations.
In response to the summons, Sunita Kejriwal sought relief from the Delhi High Court, arguing through her legal representation that the complaint lacked a foundation of evidence showing any false declarations on her part. Her lawyer contended that, according to the RPA, a violation would require evidence of a false affidavit, which, they assert, is absent in Khurana’s complaint. Sunita’s counsel also emphasized that the magistrate should have conducted a preliminary investigation with the Election Commission before issuing the summons. The High Court acknowledged these points and placed a stay on the trial court summons, setting the next hearing for early February 2024.
Throughout the recent hearings, the High Court directed a stern warning toward Harish Khurana, whose repeated non-appearance during scheduled court sessions has stalled progress in the case. The Court expressed frustration with the delays, stressing that Khurana’s absence is hindering the proceedings. In response, Khurana’s representatives cited scheduling conflicts and personal reasons for the absences, while promising to attend future hearings as scheduled.