New Delhi: The Delhi High Court on April 8 came down heavily on AAP leader Somnath Bharti for failing to file an affidavit confirming the existence of a criminal case in Bhopal against BJP leader Satish Upadhyay—an allegation central to Bharti’s challenge of Upadhyay’s election from the Malviya Nagar constituency.
Justice Jasmeet Singh questioned Bharti on his non-compliance with the court’s earlier direction, asking why the affidavit on the status of the alleged criminal case had not been submitted. In response, Bharti sought additional time.
Senior Advocate Rajiv Nayar, appearing for Satish Upadhyay, informed the court that there is no pending criminal case in Bhopal against his client. He further submitted that this fact was officially confirmed by the Director General of Police, Madhya Pradesh, in a letter addressed to Bharti himself.
As the court heard arguments on the possible dismissal of the election petition, Justice Singh remarked, “The law seems to be against you, Mr. Bharti. However, I am giving you time to go through the judgments and to respond on the next date.”
The court also urged Bharti not to issue any media statements or give interviews about the ongoing case. Bharti assured the court that he would comply.
Background of the case: Somnath Bharti vs. Satish Upadhyay
AAP leader Somnath Bharti had moved the Delhi High Court, challenging the election of BJP’s Satish Upadhyay from the Malviya Nagar constituency.
Bharti has accused Upadhyay of engaging in corrupt practices and failing to disclose pending criminal cases in his election affidavit.
When the case was presented before Justice Jasmeet Singh, senior advocate Rajiv Nayyar, representing Upadhyay, raised objections, questioning the existence of the alleged criminal case. “It is very easy to claim that an FIR exists, but where is the FIR?” Nayyar asked.
Delhi High Court Warned Somnath Bharti Over False Affidavit in Election Challenge
In response, the court directed Bharti to provide documentary proof supporting his claims. Justice Singh emphasized that if Bharti could not substantiate the existence of a pending case, he would be making a false statement on affidavit. The court further cautioned that legal proceedings could not be turned into a “fishing inquiry,” highlighting that Upadhyay had been duly elected and that Bharti’s claims needed a solid foundation.
“You are saying that there is a complaint pending. If you say you are unsure, then please be sure. That is why I am giving you time. In case this is not pending, then you are making false statement on affidavit,” the court told Bharti.
The matter has been adjourned to 23 April 2025 for further proceedings.
Upadhyay had secured victory with 39,564 votes, surpassing Bharti’s 37,433 votes.