IN THE COURT OF METROPOLITAN MAGISTRATE

TIS HAZARI DISTRICT COURTS AT NEW DELHI

CRIMINAL COMPLAINT NO. OF 2019

IN THE MATTER OF:-

Atishi Marlena … COMPLAINANT

Versus
Gautam Gambhir …ACCUSED/RESPONDENT

INDEX

S.NO. PARTICULAR(S) PAGE NOS.

1. Application U/S. 155(2) Cr. P. C. along with 1-8

supporting affidavit

2. List of Witnesses 9

3. Annexure C-1: Constituency Screenshot of 10

accused’s Voter Information available online
via the National Voters’ Service Portal (EPIC
No: RJN1616218)

4. Annexure C-2:Screenshot of accused’s Voter 11

Information available online via the National
Voters’ Service Portal (EPIC No:
SMM1357243)

5. Annexure C-3: Copy of the accused’s Affidavit 12-44

accompanying his Nomination Paper filed with
the Returning Officer for Election to Lok Sabha
from PC 03-East Delhi Parliamentary

6. Vakalatnama 45

COMPLAINANT

Through
New Delhi
25April, 2019 COUNSEL

MOHD IRSAD
CH.NO.230, PATIALA HOUSE
COURT NEW DELHI,
MOB.NO.9999679903
 1

IN THE COURT OF METROPOLITAN MAGISTRATE

TIS HARAZI DISTRICT COURTS AT NEW DELHI

CRIMINAL COMPLAINT NO. OF 2019

IN THE MATTER OF:-
ATISHI MARLENA
d/o Tripta Wahi
K-67 Jangpura Extension
New Delhi - 110014
… COMPLAINANT

Versus

GAUTAM GAMBHIR
Aged about 37 Years
S/o. Deepak Gambhir
R/o 6B/8, N.E.A., Old Rajinder Nagar
New Delhi-110060 … ACCUSED

P.S.- Rajinder Nagar

AND IN THE MATTER OF:-
APPLICATION UNDER SECTION 155(2) OF
THE CODE OF CRIMINAL PROCDURE, 1973
SEEKING GRANT OF PERMISSION TO THE
POLICE TO INVESTIGATE OFFENCES
PUNISHABLE UNDER SECTIONS 17 AND 31
OF REPRESENTATION OF PEOPLES ACT,
1950 & SECTION 125A OF THE
REPRESENTATION OF PEOPLES ACT, 1951

It is most respectfully submitted that:

1. The present Complaint is being filed before this Hon’ble Court

seeking appropriate directions to the Station House Officer of PS
 2

Karol Bagh / Old Rajinder Nagar to conduct an investigation for

offences punishable under Sections 17 and 31 of The
Representation of the People Act, 1950 and Section 125A of The
Representation of the People Act, 1951 against Mr. Gautam
Gambhir (hereinafter ‘Accused’).
2. The Complainant is a citizen of India. She is a member of the
Political Affairs Committee of the Aam Aadmi Party.

3. The present complaint is directed against the Accused for

deliberately and illegally enrolling as voter in at least two
separate constituencies, as well concealing the same fact and
deliberately providing false information/statements/declaration in
his nomination papers and accompanying affidavit, as well as
other documents/processes preceding voter screening and
registration, in the teeth of extant legal requirements.

4. The Accused is a candidate for the PC 03-East Delhi

Parliamentary Seat in the 2019 Lok Sabha elections, nominated
by the Bhartiya Janata Party (hereinafter ‘BJP’). After the
submission, scrutiny and publication of the Accused’s nomination
on 23/24.04.2019, the Complainant learnt that the Accused is
registered to vote from two separate constituencies, in flagrant
violation of the law.

5. The Accused is currently registered as a voter in two

constituencies, which are as under:

i. AC – Karol Bagh-23, New Delhi, NCT of Delhi, Part

No. 86, Serial No. 87; EPIC No: RJN1616218
ii. AC – Rajinder Nagar-39, New Delhi, NCT of Delhi,
Part No. 43, Serial No. 285; EPIC No: SMM1357243

6. The relevant details of the Accused’s registration in the

aforementioned constituencies is available online and has been
 3

accessed by the Complainant from the Election Commission’s

National Voters’ Service Portal. A copy of the Screenshot of
Accused’s Voter Information available online via the National
Voters’ Service Portal (EPIC No: RJN1616218)is marked and
annexed hereto as ANNEXURE C-1. A copy of the Screenshot
of Accused’s Voter Information available online via the National
Voters’ Service Portal (EPIC No: SMM1357243).

7. It is humbly pointed out that as per Section 17 of The

Representation of the People Act, 1950, no person can be enrolled
as a voter in more than one constituency and doing so is a
criminal offence punishable with imprisonment up to one year, or
fine, or both. Sections 17 and 31 of the said Act are reproduced
below:
“17. No person to be registered in more than one constituency.—
No person shall be entitled to be registered in the electoral roll
for more than one constituency. […]

“31. Making false declarations.—If any person makes in

connection with—
(a) the preparation, revision or correction of an electoral roll, or
(b) the inclusion or exclusion of any entry in or from an electoral
roll,
a statement or declaration in writing which is false and which he
either knows or believes to be false or does not believe to be true,
he shall be punishable with imprisonment for a term which may
extend to one year, or with fine, or with both.”
(Emphasis Supplied)

8. Despite the aforementioned prohibition in law, it is clear that the

Accused has made and continues to provide false
information/statements/declarations to the relevant authorities like
Election Commission of India in order to obtain and retain
enrollments a voter in two constituencies.
 4

9. Even after obtaining and retaining voter registration in two

constituencies, the Accused has continued to provide false
information and/or conceal information regarding the same.

10. On 23.04.2019, the Accused filed his nomination papers along

with the accompanying affidavit, before the Returning Officer in
the District Magistrate’s Office at L. M Bundh, Shastri Nagar,
New Delhi, 110031. In these documents, the Accused concealed
the fact that he is registered in the two aforementioned
constituencies perhaps because he feared that the same would
disqualify him from contesting elections. As is evident from a
bare perusal of the Accused’s Affidavit, he has deliberately
falsified information and stated therein that he is only registered
to vote in AC-39, Rajinder Nagar in PC-04, New Delhi, NCT of
Delhi, Part No. 43, Serial No. 285. A copy of the Accused’s
Affidavit accompanying his Nomination Paper filed with the
Returning Officer for Election to Lok Sabha from PC 03-East
Delhi Parliamentary Constituency is marked and annexed hereto
as ANNEXURE C-3.

11. Thereafter, on 24.04.2019, the Accused returned for scrutiny of

his nomination papers by the Returning Officer. Once again, the
Accused concealed information that he is in fact enrolled in the
aforementioned two constituencies. By only submitting the
electoral roll of only AC-39, Rajinder Nagar in PC-04, New
Delhi, NCT of Delhi, the Accused deliberately gave false
information to the Returning Officer that he is enrolled from only
a single constituency. In fact, the Accused’s act of deliberate
falsification/concealment of such information was witnessed by
individuals present at the time of scrutiny of his Nomination.

12. These willful and deliberate acts of the Accused during the
Nomination and Scrutiny process are a blatant violation of
 5

Sections 33 and 33A of The Representation of the People Act,

1951, and he liable for criminal prosecution under Section 125A
of The Representation of the People Act, 1951.

13. Section 33 of the said Act imposes requirements on candidates to

file Nomination Papers and in cases where a candidate is
contesting in a constituency other than where they are registered
to vote, to also disclose proof of voter registration at the time of
scrutiny by the Returning Officer. Further Section 33A of the said
Act requires candidates to file accompanying Affidavits inter alia
verifying information provided in Nomination Papers. Section
33A. Finally, Section 125A of The Representation of the Peoples
Act, 1951, makes it a criminal offence to conceal information or
provide false information in the Nomination Paper and Affidavit
filed in terms of Sections 33 and 33A of the same Act.
Specifically, it states:

“[125A. Penalty for filing false affidavit, etc.—A candidate who

himself or through his proposer, with intent to be elected in an
election,— (i) fails to furnish information relating to sub-section
(1) of section 33A; or (ii) give false information which he knows
or has reason to believe to be false; or (iii) conceals any
information, in his nomination paper delivered under sub-
section (1) of section 33 or in his affidavit which is required to
be delivered under sub-section (2) of section 33A, as the case may
be, shall, notwithstanding anything contained in any other law for
the time being in force, be punishable with imprisonment for a
term which may extend to six months, or with fine, or with
both.]” (Emphasis Supplied)

14. As a result, the Complainant is constrained to approach this

Hon’ble Court under Section 155(2) Cr. P. C to issue appropriate
 6

orders to the Police to investigate into the allegations raised in the

complaint and establish the identity the Accused.

15. The Complainant submits that criminal actions reveal a prima

facie offences made out under Sections 17 and 31 of The
Representation of the People Act, 1950 and Section 125A of The
Representation of the People Act, 1951, inter alia, on the
following grounds:
i. THAT the Accused has deliberately made a false
declaration/statement and/or concealed information in order
to obtain and retain registration at more than one
constituency, in violation of Sections 17 and 31 of The
Representation of the People Act, 1950.
ii. THAT the Accused has given false information and/or
concealed information concerning his double voter
registration in his Nomination Paper and accompanying
Affidavit, in flagrant violation of Sections 33, 33A of The
Representation of the people Act, 1951.
iii. THAT the Accused has time and again deliberately and
illegally concealed and/or provided false
information/statements/declaration pertaining to his double
voter registration, in order to illegally be seen as qualified
to contest elections and potentially secure a membership of
the Parliament, in violation of Section 4 of The
Representation of the People Act, 1951.
iv. THAT the criminal acts deserve a thorough investigation,
and the Complainant has no option but to approach this
Hon’ble Court to meet the ends of justice.
v. THAT the failure of the authorities to investigate the into the
matter will allow the Accused to go scot free and
potentially subvert essential democratic principles in order
to secure a membership of the Parliament, at the expense of
the electorate and other candidates.
 7

16. That this Hon’ble Court has jurisdiction to hear and decide the
present Complaint as the offence has been committed within the
jurisdiction of this Hon’ble Court.

17. The Complaint is being made bona fide and in the interest of
justice.
PRAYER

In the above facts and circumstances, this Hon’ ble Court may be
pleased to:

i. Direct the Police to conduct an investigation under Section

155(2) of the Criminal Procedure Code for offences
committed by the Accused punishable Sections 17 read
with 31 of The Representation of the People Act, 1950 and
Section 125A of The Representation of the People Act,
1951,;

ii. Pass such other and further orders as are deemed fit and
appropriate in the interest of justice.

For this act of kindness the Complainant as in duty bound shall

ever pray.

COMPLAINANT
Through
New Delhi
25April, 2019 COUNSEL
MOHD IRSAD
CH.NO.230, PATIALA HOUSE
COURT NEW DELHI,
MOB.NO.9999679903
 8

IN THE COURT OF METROPOLITAN MAGISTRATE

TIS HAZARI DISTRICT COURTS AT NEW DELHI
CRIMINAL COMPLAINT NO. OF 2019

IN THE MATTER OF:-

Atishi Marlena … COMPLAINANT

Versus
Gautam Gambhir … ACCUSED

AFFIDAVIT
I, Atishi Marlena, D/o Tripta Wahi, R/o K-67, Jangpura Extension,
New Delhi 110014 aged about 37 years, do hereby solemnly affirm and
state as under:

1. That I am the Complainant. I am well acquainted with the facts

and circumstances of the case as borne from personal knowledge
and records and as such am competent to affirm the present
affidavit.
2. That I have read the contents of the application and I have
understood their contents. That the contents of the Paragraphs 1 to
… of the application are facts true to my knowledge, while the
rest of the contents are prayers made to this Hon’ble Court.
3. That the annexures filed along with the application are the true
copies of their respective originals.

DEPONENT
VERIFICATION
I, the above named Deponent, do hereby solemnly affirm and
verify that the contents of this affidavit are true to best of my knowledge
and belief and nothing material has been concealed therefrom.

Verified on this the _____ day of April, 2019 at New Delhi.

DEPONENT
 9

IN THE COURT OF METROPOLITAN MAGISTRATE

TIS HARAZI DISTRICT COURTS AT NEW DELHI

CRIMINAL COMPLAINT NO. OF 2019

IN THE MATTER OF:-

Atishi Marlena … COMPLAINANT

Versus
Gautam Gambhir … ACCUSED

LIST OF WITNESSES
1. Complainant in person
2. Returning officer East District New Delhi
3. Any other witness(ss) with the kind permission of this Hon’ble
Court.

COMPLAINANT
Through
New Delhi
25April, 2019 COUNSEL
MOHD IRSAD
CH.NO.230, PATIALA HOUSE
COURT NEW DELHI,
MOB.NO.9999679903