Delhi Election – Supreme Court to Hear Somnath Bharti’s Challenge Against Malviya Nagar Result
Delhi Election –The Supreme Court has agreed to examine a petition filed by Aam Aadmi Party (AAP) leader and former Delhi Law Minister Somnath Bharti, who has challenged the election of BJP leader Satish Upadhyay from the Malviya Nagar Assembly constituency in the 2025 Delhi Assembly elections.
The country’s highest court took up the matter on Friday, with a bench comprising Justices Vikram Nath and Sandeep Mehta indicating that it would conduct a detailed hearing on the issues raised in the appeal. The case stems from an earlier decision of the Delhi High Court, which had dismissed Bharti’s election petition.
Appeal Against High Court Decision
Representing Bharti before the Supreme Court, senior advocate Kapil Sibal argued that the Delhi High Court had incorrectly rejected the election petition. According to the submissions, the High Court concluded that the petition could not proceed because Congress candidate Jitender Kumar Kochar had not been included as a respondent, despite allegations being made against him.
Bharti has questioned the validity of the High Court’s judgment delivered on January 17, which upheld Satish Upadhyay’s election victory. The High Court had ruled that the petition contained a legal defect that made it unsustainable under the applicable provisions of election law.
Background of the Election Result
Somnath Bharti, who previously represented Malviya Nagar as a three-time MLA, contested the Assembly election held on February 5, 2025, as the AAP candidate. The results announced on February 8 showed BJP candidate Satish Upadhyay securing 39,564 votes, while Bharti received 37,433 votes. Upadhyay was declared the winner by a margin of 2,131 votes.
Following the declaration of results, Bharti approached the Delhi High Court seeking to have the election set aside. His petition alleged that the election process had been affected by practices prohibited under the Representation of the People Act, 1951.
Allegations Raised in the Petition
In his challenge, Bharti accused Upadhyay of engaging in multiple irregularities that, according to him, influenced the electoral process. These allegations included improper attempts to influence voters, manipulation of electoral rolls, and failure to disclose complete details of election expenditure.
The petition also referred to alleged coordination involving Congress candidate Jitender Kumar Kochar. Bharti claimed that financial support was allegedly provided for Kochar’s election campaign with the intention of dividing votes that might otherwise have gone in his favour. He argued that such actions amounted to bribery and undue influence under provisions of the Representation of the People Act.
Objections Before the High Court
During the High Court proceedings, counsel appearing for Satish Upadhyay raised a preliminary legal objection. The argument was that because Bharti had made allegations of corrupt practices against Congress candidate Jitender Kumar Kochar, the law required Kochar to be made a respondent in the election petition.
The High Court accepted this objection. Justice Jasmeet Singh observed that the omission of a necessary party was a mandatory legal defect under the Representation of the People Act, 1951. On that basis, the court dismissed the petition without examining the allegations on their merits.
Additional Claims Made by Bharti
Apart from the allegations relating to campaign conduct, Bharti also contended that Upadhyay did not disclose information concerning a pending criminal complaint or First Information Report (FIR), which he argued was required under election laws governing candidate disclosures.
The petition further claimed that this alleged non-disclosure had a material impact on the election and affected the validity of Upadhyay’s nomination. Bharti additionally alleged that vehicles were used to transport voters to polling stations and that there were irregularities involving the voter list during the election process.
Supreme Court to Examine the Matter
With the Supreme Court now agreeing to hear the appeal in detail, the legal dispute over the Malviya Nagar Assembly election will undergo further judicial scrutiny. The court’s examination is expected to focus on whether the High Court was correct in dismissing the petition on procedural grounds and whether the issues raised by Bharti require consideration on their merits.