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Court holds AAP MLA can't be charged under anti-graft law for

Press Trust of India  |  New Delhi 

A has dismissed a corruption complaint against an AAP MLA, saying though it had prima facie found that he had breached the cap for poll expenses during 2013 Assembly election, he cannot be charged underPrevention of CorruptionAct as he was not a public servant at that time.

"Ihavegonethroughthecomplaintandthedocuments thoroughlyfromwhich,itprimafacieappearsthatrespondent 1 (Tripathi) incurred more expense than prescribed limit. However,inmyprimafacieopinionthesamewas incurredwhenhe was onlyacontestingcandidateforthe post ofMLA andnotapublicservant," Special Judge Hemani Malhotra said.


The court's order came on a complaint filed against Akhilesh Pati Tripathi, from Model Town here, for allegedly spending over the prescribed limit of Rs 14 lakh in the 2013 campaign.

The judge further said, "Theact/conductofTripathi by submitting accounts after he became an to explain the expenditure incurredbyhimbeforehewaselectedasMLA is notan offence committedunder thePrevention of Corruption (PC)Actaswhentheelection expenses wereincurred,he wasnotapublicservant."

The also said that the remedy/action against a candidate's misconduct lies under the Representation of the People Act, 1950 which may result in disqualification of an elected candidate.

The also referred to a Supreme verdict in which it had said under the Rules ifanaccountis foundtobeincorrectoruntrueby ElectionCommissionafter enquiry,the Commission may disqualify the said person.

The complaint filed by activist and lawyer Vivek Garg had also sought FIR against some officials of Commission (ECI), Chief Electoral Office (CEO) here and some officials of government, for allegedly colluding with Tripathi to manipulate the account of expenditure incurred by him.

The court, while dismissing the plea, also noted that a sanction to prosecute the officials of ECI, CEO and government was missing and referred to a Supreme judgement saying the cannot take notice of private complaint against a public servant without a sanction order.

"Courtcannotlosesightofthefactthatthe complainant has also impleaded responsibleofficialsofthe CommissionofIndiaandofgovernment of who are publicservants,asproposedaccusedunderPCAct," it said

Referring to an apex judgement, the judge said, "Ithasbeencategoricallyheldthat SpecialJudgecouldnot havetakennoticeoftheprivatecomplaint againstthepublic servantunlessthesamewasaccompaniedbya sanctionorder."

The judge, however, agreed with the contention of the complainant that no sanction was needed to prosecute an

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