The Supreme Court admitted an appeal filed by Aam Aadmi Party (AAP) leader and former Delhi Minister Somnath Bharti challenging the election of Bharatiya Janata Party (BJP) MLA Satish Upadhyay from the Malviya Nagar Assembly constituency in the 2025 Delhi Assembly elections.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta granted leave to appeal after hearing Senior Advocate Kapil Sibal, appearing for Bharti, and Senior Advocate Maninder Singh, representing Upadhyay. By granting leave, the Court agreed to examine the legality of the Delhi High Court’s decision dismissing Bharti’s election petition.
Before the apex court, Bharti contended that the High Court had erred in rejecting his election petition on the ground that he had failed to implead Congress candidate Jitender Kumar Kochar as a necessary party. According to the appellant, the High Court adopted an unduly technical approach despite the substance of the allegations raised in the petition.
Bharti’s election petition had alleged corrupt electoral practices during the campaign, including claims that the successful BJP candidate had financially backed the Congress nominee with the objective of splitting votes and adversely affecting Bharti’s electoral prospects. However, Kochar was not arrayed as a respondent in the proceedings before the High Court.
On January 17, the Delhi High Court dismissed the election petition, holding that the failure to implead an allegedly corrupt candidate as a necessary party constituted a fatal defect under the Representation of the People Act, 1951, which could not be cured after the statutory limitation period.
With the Supreme Court now admitting the appeal, the challenge to Upadhyay’s election will be examined on merits. The proceedings will determine whether the High Court was justified in dismissing the election petition at the threshold on the ground of non-joinder of a necessary party.
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