The Delhi High Court on Monday declined Aam Aadmi Party (AAP) leader Somnath Bharti's request to submit a delayed replication to the written statement filed by Bharatiya Janata Party (BJP) MP Bansuri Swaraj in response to his petition challenging her Lok Sabha election.
Bharti argued that he had not been served with Swaraj's written statement and cited his engagement in the recently concluded Delhi Assembly polls as a reason for the delay.
However, he also acknowledged failing to communicate with Swaraj’s counsel in a timely manner. Consequently, Justice Anish Dayal rejected his explanation.
"This is not a post office, that is not [what] court is for. Judicial time is wasted. We are looking to have a change of culture, in not just this case but all," the Court remarked.
The Bench noted that if Bharti had not received the written statement, he should have informed the Court earlier.
"It is the duty of the petitioner to ensure that the written statement is received and if not, a submission should have been made at court when it was listed in January. But no submission was made," the Court stated.
In response, Bharti claimed that a proxy counsel had appeared on his behalf at the time and had made the submission regarding replication without his instructions.
However, Justice Anish Dayal refused to accept this explanation.
"There is no requirement of proxies in court. Please do not send proxies, the duty of counsel is to be in court. You cannot hide behind proxy counsel. This is a practice and a habit that has developed. That is your mistake, you take it on yourself," the Court said to Bharti.
Accordingly, Bharti's plea for permission to file a delayed replication was rejected.
Swaraj had contested the 2024 Lok Sabha election on a BJP ticket and defeated Bharti, who was the INDIA alliance candidate. The BJP secured victory in all seven Lok Sabha seats in the national capital.
In his election petition, Bharti alleged that Swaraj and her election agent engaged in "corrupt practices" during the voting held in Delhi on May 25, 2024. Among several accusations, he claimed that BJP workers, under Swaraj's direction, distributed money and materials such as sarees and suit-salwars to voters ahead of the polls.
Additionally, he alleged that on the day of voting, Swaraj’s agents circulated pamphlets featuring her ballot number, photo, election symbol, and an image of Prime Minister Narendra Modi.
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