Notice to ECI

To,
Mr. V.S. Sampath,
Chief Election Commissioner,
Election Commission of India,
Nirwachan Sadan, Ashoka Raod,
New Delhi-110001.

Sub: Legal Notice for willful non-prosecution of Mr. Arvind Kejriwal for filing false declarations in Form - 6 of Registration of Electors’ Rules-1960 and Form - 26 of Conduct of Election Rules-1960 before Returning Officer of AC-40 in Delhi Assembly Elections-2013 and for having no stringent procedure and mechanism for verification and scrutiny of nomination papers and affidavits of all contesting candidates in election to any public office in India.

Sir,
      This notice is served for and on behalf of my clients Sh. Neeraj Saxena (Advocate) and Sh. Anuj Agarwal both office bearers of Maulik Bharat Trust registered at 4852/24, Basement, Ansari Raod, Darya Ganj, New Delhi-110002 to the following effects.

  1. That recently a writ petition (PIL) was filed in the Hon’ble High Court of Delhi at New Delhi bearing no. W.P. (Civil) 443 of 2014 titled Maulik Bharat Trust and Another v/s The Election Commission of India and others, citing highly condemnable and illegal declarations made by Sh. Arvind Kejriwal in compliance of various provisions of the Representation of People Act-1950 and Representation of People Act-1951 for the purpose of contesting in the Delhi Assembly Election-2013.
  2. That my clients are shocked that more that 15 days have elapsed since the copy of the aforementioned writ petition was served upon The Election Commission of India and no action has yet been taken against Mr. Arvind Kejriwal.
  3. That to the utter surprise of my clients 9 days have passed since 22-01-2014 when the matter was heard by the Hon’ble High Court of Delhi and was vehemently contested by the counsels for the petitioners and the counsel for the Election Commission of India, but still no action has been initiated so far. On the contrary it was stated by the counsel for the Election Commission of India, during the hearing on 22.1.2014, that it is not feasible for the Election Commission to verify contents of nomination forms and affidavits in such a short time.
  4. It appears that inspite of the facts having been brought to your notice, no action seems to have been taken yet, for the reasons best known to ECI. It therefore shows that your office is either not interested or has no mechanism to perform its duties and take appropriate legal actions in the facts and circumstances, as brought to your notice with advance service of W.P.(Civil) 443 of 2014 mentioned hereinabove supra.

Due to the inability of the Election Commission of India at New Delhi, to initiate any prosecution, my clients are constrained to approach the Court (New Delhi Distt., Patiala House Courts, New Delhi) for initiating appropriate criminal/civil proceedings against Mr. Arvind Kejriwal, which rather ought to have been initiated by the Returning Officer.

You are called upon to inform about the procedure or mechanism available or adopted in the facts and circumstances and the responsibilities if any, being performed by your office and if no such procedure is available, then what actions are being initiated in respect of defaults/non-compliance and illegalities brought to your notice.

On account of default and showing blind eye our clients are constrained to initiate legal action and all those responsible for inaction shall also be held liable and all proceedings shall be at your risk and responsibilities as to costs and consequences, which please note.

Dated: 31 January 2014
V. K. Malik and Rahul Raj Malik ( Advocates )
C/o Malik Raj & Co. 438, Lawyers’ Chambers
Sher Shah Suri Marg
High Court of New Delhi.
91 11 24378585, 91 11 24376636, 91 11 23388365


Trustees of Maulik Bharat
  • Rajesh Goyal
  • Vikas Gupta
  • Anuj Agarwal
  • Pawan Sinha
  • Ishwar Dayal
  • Dr. Amarnath
  • Dr Sunil Maggu
  • Gajender
  • Susajjit Kumar
  • Sh.Rakesh
  • Col. Devender
  • Smt. Usha
  • Umesh Gour
  • Anant Trivedi
  • Neeraj Saxena
  • Sudesh
  • Prashant
  • Pradeep
  • Ranveer
  • Kamal Tawari

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