The Delhi High Court on Monday stayed summons by lower court to Sunita Kejriwal, wife of Delhi Chief Minister Arvind Kejriwal, for allegedly violating the law by getting herself enrolled in voter lists of two assembly constituencies and listed the matter for further hearing on February 1. 


Justice Amit Bansal issued a notice to the State as well as the complainant on Sunita Kejriwal's plea challenging the trial court order asking her to appear before it on November 18 in connection with the allegation, reported PTI. 


“Meanwhile, there shall be a stay on the operation of the impugned order,” the court ordered as it listed the matter for further hearing on February 1.


The complaint was filed by Bharatiya Janata Party leader Harish Khurana alleging that the chief minister's wife has violated the provisions of the Representation of the People (RP) Act.


He claimed that Sunita Kejriwal was registered in the electoral rolls of Uttar Pradesh’s Sahibabad assembly constituency (parliamentary constituency Ghaziabad) and also in the assembly constituency of Chandni Chowk in Delhi, violating Section 17 of the RP Act.


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Appearing for Sunita Kejriwal, senior advocate Rebecca John argued before the high court  that the trial court order was passed without proper application of mind.


She stressed that having two electoral cards was not an offence adding that there was no evidence of record to show that the petitioner had made any false statement.


On August 29, the petitioner was summoned by Metropolitan Magistrate Arjinder Kaur on November 18. 


"After considering the testimony of the complainant and other witnesses, this court is of the considered opinion that prima facie case is made out against the accused person, namely Sunita Kejriwal, w/o Arvind Kejriwal, for the alleged commission of the offences punishable under Section 31 of the Representation of Peoples Act, 1950. Hence, the accused be summoned accordingly," the magistrate had said.