The Saket District Court has dismissed a complaint seeking direction to Delhi Police to investigate against Delhi Chief Minister Arvind Kejriwal, Cabinet Minister Gopal Rai, MLA Prakash Jarwal and others in relation to the Delhi Assembly Elections 2020.
The complainant had filed the complaint under Section 156(3) of the Code of Criminal Procedure (CrPC) stating that MLA Prakash Jarwal was not eligible to contest the elections from Deoli (SC) Assembly constituency-47 which was reserved for Scheduled Caste Community. Arvind Kejriwal and Gopal Rai made him the candidate for the Assembly polls.
The complainant Dal Chand Kapil stated that he is a member of the Scheduled Caste Community who had contested Legislative Assembly Elections from Deoli (SC) Assembly constituency - 47 in the year 2015 and year 2020. Prakash Jarwal had also contested these elections from Deoli (SC) Assembly constituency in 2015 and 2020.
The complainant alleged that Prakash Jarwal was deliberately made a candidate from the Deoli (SC) Assembly constituency only to deprive any member of the Scheduled Caste Community to get elected from the reserved constituency.
It is further alleged that Jarwal belongs to the Bairwa/Berwa Community which falls in the category of OBC in Delhi.
It is alleged that the election of Prakash Jarwal from this constituency has reduced the representation of the SC Community in the Delhi Assembly by one seat.
The Additional Sessions Judge Vrinda Kumari passed the order a few days ago, noted that the present complaint has been filed after two years of the filing of the Election Petition before the High Court of Delhi and after one year of the filing of a complaint before the SHO concerned. No cogent reason has been provided for this delay.
It has been submitted that the complainant did not have good legal assistance and he was scared of standing upto the mighty politicians.
"The perusal of the record would show that sound legal assistance was available to the complainant way back in the year 2020 when Election Petition was filed by him against respondent Prakash Jarwal," said the court.
The complainant contested Delhi Assembly Elections from the Deoli (SC) Assembly constituency in 2015 and 2020. Be that as it may, the attempt of the complainant to bring the subject matter of the Representation of the People Act, 1951 within the ambit of the SC & ST Act, 1989 is an abuse of process, noted by the court.
"In view of the above discussion, the circumstances put forth in the present complaint under Section 156(3) Cr.P.C. do not disclose the commission of any cognizable offence. There are no grounds to direct registration of FIR or to take cognizance. The application under Section 156(3) Cr.P.C. is, therefore, dismissed with a cost of Rs 1000 to be deposited in DLSA," said the Court order.
The Complainant also alleged in the complaint that as a false and forged SC Certificate of respondent Prakash Jarwal was used to misinform and cheat the Returning Officer or other officials of the Election Commission of India.
On the basis of this false document, the Returning Officer and other ECI Officials were caused to use their lawful power in accepting the nomination papers of respondent Prakash Jarwal allowing him to contest from the Delhi constituency reserved for the SC Community.
( With inputs from ANI )
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