Amritpal Singh Not Served Notice In Dibrugarh Jail In Election Plea Despite Repeated Efforts: P&H High Court Asks Gauhati HC Registrar General To Faciliate

The Punjab & Haryana High Court has asked Gauhati High Court's Registrar General to facilitate the service of notice to NSA detainee MP Amritpal Singh, who is currently lodged in Dibrugarh Jail.

The Court noted that as per the office report, repeated efforts to serve the respondent through the Jail Superintendent have not been successful.

Justice Anil Kshetarpal said, “Keeping in view the aforesaid facts, the Registrar General, Gauhati High Court is requested to facilitate the service of notice upon respondent No.4, a detenue who is lodged in Central Jail, Dibrugarh.”

An election petition was filed last year before the High Court challenging the Election of Punjab's Khadoor Sahib Member of Parliament Amritpal Singh, who is detained under the National Security Act 

Amritpal, since his arrest in April 2023, is lodged in Dibrugarh Jail. He won the 2024 Lok Sabha elections from Punjab's Sri Khadoor Sahib parliamentary constituency as an Independent candidate. He is head of the alleged "pro-khalistani" outfit Waris Punjab De and also an accused in various FIRs, including Ajnala Police Station attack incident.

Vikramjeet Singh, an independent candidate from Punjab's Khadoor Sahib constituency, has filed the petition challenging Amritpal's election in June, alleging that he used "his religious identity to seek votes in the name of religion, which is illegal and amounts to corrupt practices."

The plea states that since Amritpal is in Jail, his family and team visited various religious places, Gurudwaras and Hindu religious Nagar Kirtan and they also released his Manifesto from a Gurudwara.

"Meetings were held in various Gurudwaras for his support and slogans were raised in his favour. Thus the respondent has not only failed to maintain her sanctity of the religious place but has also violated the provisions of the representation of People Act by seeking votes in the religious places and as such his election is liable to be set aside on this score alone," states the plea.

The election is also challenged on grounds like promoting material on social media without getting it sanctioned from the competent authority, violating the Model Code of Conduct and not filing complete nomination papers.

"During his detention under the National Security Act, some special permissions/sanctions were required from the competent authority/district magistrate as well as from the returning officer. The concerned Returning Officer not only overlooked the incomplete defective Form 26 and Form 2(A), but also did not ask respondent No. 5 (Amritpal Singh ) to file a counter affidavit or any reply to the objections filed by the petitioner and some other opposite candidates, the concerned returning officer did not apply his mind while scrutiny of documents and intentionally did not pass any speaking order to deceive the opposite candidates," the plea adds.

In light of the above, the plea seeks to declare the election of Amritpal "void".

Stating that, “The petitioner is requested to furnish registered AD to enable the office to send the notice to the Registrar General of Gauhati High Court for effecting the service,” the matter is listed for April 08.

Mr. Rahul Kumar Adia, Advocate for the petitioner.

Mr. Prateek Gupta, Advocate for the respondent No.1.

Title: Vikramjit Singh v. Election Commission of India and others

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