New Delhi/Bhopal, July 10 (IANS). The Delhi High Court on Friday rejected the plea of former Congress MLA Rajendra Bharti challenging his conviction in the 1998 Datia Cooperative Rural Development Bank fixed deposit (FD) fraud case. With this decision, the way has been cleared for Datia Assembly by-election in Madhya Pradesh to be held as per schedule.
The High Court order means that Bharti’s sentence and her disqualification from the Madhya Pradesh Assembly will remain in place for the time being, ending the legal uncertainty surrounding the by-election.
Bharti was convicted by a special court in Delhi on April 1 this year under Indian Penal Code (IPC) sections related to criminal conspiracy, cheating and forgery. On April 2, the court sentenced him to three years in jail and a fine.
After his conviction, Bharti was disqualified from holding the post of MLA under the ‘Representation of the People Act’. There is a provision in this law that MLAs who are sentenced to jail for two years or more are disqualified. After this, Datia Assembly seat was declared vacant and the Election Commission announced by-election.
According to the prosecution, this case pertains to irregularities related to fixed deposits in Datia Cooperative Rural Development Bank. The allegation was that bank records were manipulated to extend the period of deposit and claim interest. At that time Rajendra was the Chairman of the Board of Directors of Bharti Bank and a Trustee of the institution.
During the hearing, senior advocate P. Chidambaram, appearing for Rajendra Bharati, argued that the dispute was civil in nature and not a criminal matter. He said that the bank had earlier treated the matter as a civil dispute in the Supreme Court, where a settlement was reached between the two parties.
He also said that the settlement amount is yet to be received and the fixed deposit is still with the bank. However, the High Court refused to interfere with the trial court’s order and dismissed the petition.
This decision is politically important, because it has removed the legal hurdle facing the Datia by-election. A direct contest is expected between the ruling BJP and Congress in this by-election. According to the Election Commission’s schedule, nominations can be filed till July 13, scrutiny will take place on July 15 and the last date for withdrawal of nominations is July 17.
Voting will take place on August 3, while counting of votes will take place on August 6.
BJP and Congress have not yet announced their candidates for the by-election, although both parties are expected to do so before the nomination deadline ends.
–IANS
ASH/VC