HC seeks Gauhati HC’s intervention to serve notice on Amritpal Singh in election plea

Nearly eight months after a petition was filed challenging the election of Amritpal Singh as Member of Parliament (MP) from Khadoor Sahib, the Punjab and Haryana High Court has asked the Gauhati High Court’s Registrar-General to facilitate the service of notice upon him.

Amritpal is currently lodged in Dibrugarh Central Jail.

The petition, filed by Vikramjit Singh of Mohali district, was first listed before the high court on August 31, 2024. Justice Anil Kshetarpal on September 13, 2024, the next date of hearing, took note of an objection raised by the “office” regarding the maintainability of the election petition on the ground that it was barred by limitation. The Bench also took note of the contentions raised by the petitioner’s counsel that the date of result declaration was required to be excluded.

Justice Kshetarpal then issued a notice of motion for October 25, 2024, “while keeping all the objections open.”

The court then took note of the fact that the notice of the petition remained “un-served”. It was received back with the report quoting his mother as saying the he was lodged in Dibrugarh Jail. Notice through “Registered AD” was not received back, served, or otherwise.

The court in November last year ordered that “the office would issue notice through the Superintendent, Central Jail, Dibrugarh, with direction to ensure service before the next date of hearing.” Justice Kshetarpal on January 17 observed that “notice issued to the respondent has not been received.” As the matter came up for resumed hearing, Justice Kshetarpal observed that repeated efforts to serve the respondent through the jail superintendent, as per the office report, have not been successful. “Keeping in view the facts, the Registrar-General, Gauhati High Court, is requested to facilitate the service of notice upon the respondent – a detenue, who is lodged in Central Jail, Dibrugarh,” the court added. Advocate Prateek Gupta appeared for the Election Commission of India.

The petitioner has contested the legality of his election on several grounds. Among other things, the petitioner alleged that Amritpal concealed critical details in the affidavit submitted with his nomination papers. Specific allegations included violations of election expenditure rules, such as failure to disclose expenses related to voter slips, public meetings, vehicles, social media, and paid news. Additionally, the petition accused Amritpal of engaging in corrupt practices by seeking votes on religious grounds and using religious venues for campaign purposes.

The petitioner claimed that Amritpal did not adequately disclose sources of funds and donations for his campaign, particularly alleging concerns over foreign funding.

In his petition placed before Justice Kshetarpal’s Bench, the petitioner argued that Amritpal’s use of religious preachers for his campaign and his reliance on religious identity to garner votes constituted illegal and corrupt practices. His campaign was managed by his family while he was detained under the National Security Act in Dibrugarh Jail. His manifesto was reportedly released from a gurdwara, and his campaign included meetings and slogans at various religious sites.

The petition contended that Amritpal’s actions not only undermined the sanctity of religious places but also violated the provisions of the Representation of the People Act. Consequently, he could direct the annulment of the Khadoor Sahib election, held on June 1, 2024, and declared on June 4, 2024, due to the alleged breaches.