Delhi: Court grants relief to AAP MLA in 2013 case concerning election process

A special session court has granted relief to AAP legislator Manoj Kumar from an earlier sentence and has directed him to pay a fine of Rs 10,000 in a case for obstructing the election process at a polling station during the 2013 assembly polls.

Additional Session Judge Ajay Kumar Kuhar on Wednesday passed an order on an appeal filed by Kumar against an order passed by a magisterial court in which the MLA was sentenced to three months in jail and imposed with a fine of Rs 10,000 while acquitting him under Section 186 of the Indian Penal Code (obstructing public servant in discharging of public function).

The court has also upheld Kumar's conviction for disorderly conduct in or near polling stations (punishable under Section 131 of the Representation of People Act).

In its order, the court ruled that Kumar, an MLA from East Delhi's Kondli constituency, had caused an obstruction in taking out the EVMs and election materials from the polling station but there was no disturbance in the casting of votes.

"Imprisonment brings with it some undesired effects on the life of a person. It is also noted that there is no previous record of conviction against the appellant and the gravity of the offense is not such as to call for the incarceration of the appellant. Therefore, having considered the facts and circumstances of the case, I am of the view that the sentence of fine as imposed by the trial court would be sufficient to meet the ends of justice," Kuhar said in the order.

In 2013 assembly polls, Kumar along with his supporters had caused hindrance in the election process outside a school, where the polling station was set up in Kalyanpuri area. The gate of the school was closed and blocked for the smooth movement of EVMs.

After polling was held, Kumar and his supporters did not allow the ballot boxes to be taken back and after closing the main gate, they sat in front of it, according to prosecution.

Due to this protest, the EVMs/ballot boxes had to be taken out from the other gate of the school keeping in view of their safety.