Delhi HC declines to stay ex-Cong MLA Rajendra Bharti’s conviction, clears way for Datia bypoll

New Delhi: The Delhi High Court on Friday refused to suspend the conviction of former Congress MLA Rajendra Bharti in the 1998 Rural Development Bank fraud case, denying him relief that could have restored his membership of the Madhya Pradesh Legislative Assembly.

A single-judge Bench of Justice Manoj Jain declined to suspend the conviction awarded to Bharti by a Special MP/MLA court, which had also sentenced him to three years’ imprisonment in the decades-old cooperative bank fraud case.

Bharti had approached the Delhi High Court seeking suspension of his conviction, contending that it had resulted in his disqualification as a member of the Madhya Pradesh Legislative Assembly and had triggered the by-election process for the Datia Assembly constituency.

The Congress leader had argued that the conviction should be stayed pending adjudication of his appeal so that he could continue to represent his constituency.

The Special MP/MLA court in New Delhi had convicted Bharti and co-accused Raghuvir Sharan Prajapati under various provisions of the Indian Penal Code, including Sections 120B, 420, 467, 468, 471 and 409, in connection with alleged financial irregularities involving a fixed deposit at the District Cooperative Agriculture and Rural Development Bank in Datia in 1998.

According to the prosecution, Bharti and others conspired to manipulate the fixed deposit and continued drawing higher interest even after its maturity.

Bharti was sentenced to three years’ imprisonment along with a fine of Rs 1 lakh.

Though he was granted bail, the conviction remained in force, resulting in his immediate disqualification under Section 8 of the Representation of the People Act, 1951, read with Article 191(1)(e) of the Constitution and the Supreme Court’s 2013 judgment in the Lily Thomas case.

His conviction led to the termination of his membership of the Madhya Pradesh Assembly, and the Datia Assembly seat was declared vacant by the Assembly Secretariat.

Bharti had also questioned the continuation of the Datia Assembly by-election process while his appeal against conviction remained pending.

Earlier, the Delhi High Court had issued notices on Bharti’s challenge to his conviction and on his plea relating to the Datia by-election but had declined to grant interim relief.

While staying his arrest during the pendency of the proceedings, the High Court had refused to suspend the conviction, leaving his disqualification intact.

The Election Commission of India (ECI) has already notified the Datia Assembly by-election. The last date for filing nominations is July 13, scrutiny of nomination papers will take place on July 14, and the last date for withdrawal of nominations is July 16.

Polling is scheduled for July 30, and counting of votes will be held on August 3.

IANS