New Delhi/Bhopal: The Delhi High Court on Friday dismissed former Congress MLA Rajendra Bharti’s petition against his conviction in the 1998 Datia Cooperative Rural Development Bank fixed deposit (FD) fraud case, clearing the way for the Datia Assembly by-election in Madhya Pradesh to go ahead as scheduled.
The High Court’s order means Bharti’s conviction and disqualification from the Madhya Pradesh Assembly will remain in force for now, ending the legal uncertainty over the bypoll.
Bharti was convicted by a special court in Delhi on April 1 this year under sections of the Indian Penal Code related to criminal conspiracy, cheating and forgery.
On April 2, the court sentenced him to three years’ imprisonment and imposed a fine.
Following the conviction, Bharti was disqualified as an MLA under the Representation of the People Act, which provides for disqualification of legislators sentenced to two years or more in prison.
The Datia Assembly seat was declared vacant, and the Election Commission announced a by-election.
According to the prosecution, the case relates to alleged irregularities in a fixed deposit at the Datia Cooperative Rural Development Bank. It was alleged that bank records were tampered with to extend the tenure of the deposit and claim interest. At the time, Bharti was the chairman of the bank’s Board of Directors and a trustee of the institution.
During the hearing, senior advocate P. Chidambaram, appearing for Bharti, argued that the dispute was civil in nature and not a criminal case. He submitted that the bank had earlier treated the matter as a civil dispute before the Supreme Court, where the parties had reached a settlement.
He also said the settlement amount was yet to be received and the fixed deposit remained with the bank.
The High Court, however, declined to interfere with the trial court’s order and dismissed the petition.
The decision is politically significant as it removes the legal hurdle before the Datia bypoll, which is expected to witness a direct contest between the ruling BJP and the Congress.
According to the Election Commission’s schedule, nominations can be filed till July 13, scrutiny will be held on July 15, and the last date for withdrawal is July 17.
Voting will take place on August 3, while counting of votes will be held on August 6.
The BJP and the Congress are yet to announce their candidates for the by-election, although both parties are expected to do so before the nomination deadline.
(IANS)
