Not a post office: Delhi High Court to AAP's Somnath Bharti in election case against Bansuri Swaraj

The Delhi High Court on Monday refused to allow Aam Aadmi Party (AAP) leader Somnath Bharti to belatedly file a replication to the written statement filed by Bharatiya Janata Party (BJP) Member of Parliament (MP) Bansuri Swaraj in response to his petition challenging her Lok Sabha election [Somnath Bharti v. Bansuri Swaraj & Ors]..Bharti claimed that Swaraj's written statement had not been served on him. He further said that he had gotten busy with the recently concluded assembly polls to Delhi.However, Bharti also admitted to have not communicated on time with the counsel representing Swaraj.Thus, Justice Anish Dayal did not accept his explanation. "This is not a post office, that is not [what] court is for. Judicial time is wasted. We are looking to have a change of culture, in not just this case but all," the Court remarked. The Bench added that in case the written statement was not received, Bharti should have informed Court earlier."It is the duty of the petitioner to ensure that the written statement is received and if not, a submission should have been made at court when it was listed in January. But no submission was made," the Court stated..Bharti, appearing in person admitted that since he was busy with the recent Delhi Assembly elections, he was not aware of the developments in the election petition. The Court took exception to the submission,"Tell us one law which states that because litigant was busy in elections that is why limitation law will not apply," Justice Dayal asked.At this stage, Senior Advocate Rajeev Sharma appearing for Swaraj, submitted that in December 2024, a counsel appearing for Bharti had stated that a replication would be filed, indicating that the written submission had been served.It was further submitted that now the limitation period to file replication has expired. However, Bharti said that a proxy counsel had appeared on his behalf then. The counsel had made the submission regarding replication without his instructions, he said.However, Justice Dayal refused to accept the explanation."There is no requirement of proxies in court. Please do not send proxies, the duty of counsel is to be in court. You cannot hide behind proxy counsel. This is a practice and a habit that has developed. That is your mistake, you take it on yourself," the Court said to Bharti..Accordingly, Bharti's plea seeking permission to belatedly file his replication was rejected. .Swaraj had contested the Lok Sabha election in 2024 on a BJP ticket and defeated Bharti, who was the candidate of the INDIA alliance. The BJP had won all the seven Lok Sabha seats in the national capital.Bharti in his election petition has said that Swaraj and her election agent indulged in "corrupt practices" during the voting held in Delhi on May 25, 2024. Among a host of allegations, Bharti claimed that under Swaraj's guidance, BJP workers were distributing money and materials like saaris and suit-salwar to voters ahead of the polls..He also alleged that on the day of voting, agents of Swaraj distributed pamphlets displaying her ballot number, photo, election symbol and the photo of Prime Minister Narendra Modi.