New Delhi: A court here has dismissed a man`s plea seeking prosecution of Delhi Chief Minister Sheila Dikshit for allegedly violating the election code of conduct by distributing cash and gifts to the public to lure them to vote for Congress in 2004 Lok Sabha polls.
Additional Sessions Judge (ASJ) Nivedita Anil Sharma rejected the revision petition filed by Madan Lal Suryavanshi, challenging the order of a magisterial court which had also rejected his plea in March this year.
"The conscience of this court is completely satisfied that the revisionist (Suryavanshi) has failed to disclose any cogent or convincing reason for setting aside the impugned order (of magistrate).
"I am of the considered opinion that there is no infirmity or illegality in the order of the court of the metropolitan magistrate and the same is hereby confirmed. There is no merit in the revision," the judge said.
BJP member Suryavanshi, in his complaint, had alleged
that in connivance and conspiracy, Dikshit, along with nine others, had distributed cash and other articles, including sarees and school bags, to lure the public to vote for the Congress party during 2004 General elections.
The complainant had also alleged the accused and other political leaders had made an arrangement of a camp in a school in West Delhi with the intention to distribute cash and gifts and he had also made several complaints to different authorities but no action was taken.
He alleged the articles were distributed in violation of the election code of conduct. In support of his complaint, he had led pre-summoning evidence before the court by examining himself and other witnesses including a retired ACP.
The court said the material part of the allegations
levelled in the complaint was not substantiated by the witnesses.
"It also cannot be ignored that distributing of the stipends and bags etc, is a duty of the government which in the present matter was being discharged, as also stated by CW2 (one of the witness) when she deposed that the material was being transported along with the other material to the school for distribution was as per the directions contained in the circular issued by the Secretary, NCERT," the judge said.
The complainant had challenged the trial court`s order saying it was not only contrary to law and facts on record but had also resulted in "gross miscarriage of justice".
He said the magistrate had "failed to appreciate the evidence" led by him, including the eye witnesses and of the ones who had conducted the inquiry and seized the articles from the spot.
Suryavanshi said he will approach the Delhi High Court against the order of the sessions court and he has enough evidence against Dikshit and others in the matter.