Delhi HC rejects Rajendra Bharti's plea, clears Datia Assembly bypoll path
Synopsis
Key Takeaways
The Delhi High Court on Friday, 10 July dismissed a petition filed by former Congress MLA Rajendra Bharti challenging his conviction in the 1998 Datia Cooperative Rural Development Bank fixed deposit fraud case, effectively clearing the path for the Datia Assembly by-election in Madhya Pradesh to proceed as scheduled. The ruling ends the legal uncertainty that had hung over the bypoll since Bharti's disqualification earlier this year.
Background: The Conviction That Triggered the Bypoll
A special court in Delhi convicted Bharti on 1 April under provisions of the Indian Penal Code relating to criminal conspiracy, cheating, and forgery. The following day, the court sentenced him to three years' imprisonment and imposed a fine.
Under the Representation of the People Act, legislators sentenced to two years or more in prison face automatic disqualification. Bharti's disqualification as an MLA followed swiftly, rendering the Datia Assembly seat vacant and prompting the Election Commission of India (ECI) to announce the by-election.
What the Fraud Case Involves
According to the prosecution, the case centres on alleged irregularities in a fixed deposit held at the Datia Cooperative Rural Development Bank. Prosecutors alleged that bank records were tampered with to extend the tenure of the deposit and claim interest. At the time of the alleged offences, Bharti served as both chairman of the bank's Board of Directors and a trustee of the institution.
Bharti's Defence and the Court's Response
Senior advocate P. Chidambaram, appearing for Bharti, argued before the High Court that the dispute was civil rather than criminal in nature. He submitted that the bank had previously treated the matter as a civil dispute before the Supreme Court, where the parties had reached a settlement. Chidambaram further noted that the settlement amount had not yet been received and the fixed deposit remained with the bank.
The High Court, however, declined to interfere with the trial court's order and dismissed the petition outright.
Datia Bypoll Schedule and Political Stakes
With the legal hurdle now cleared, the Datia bypoll will proceed on its announced timeline. Nominations can be filed until 13 July, scrutiny is scheduled for 15 July, and the last date for withdrawal is 17 July. Voting is set for 3 August, with counting of votes on 6 August.
The contest is expected to be a direct fight between the ruling Bharatiya Janata Party (BJP) and the Congress. Neither party had announced its candidate as of the court's ruling, though both are expected to do so before the nomination deadline. The seat's outcome will be watched as a gauge of political sentiment in the region ahead of future state-level contests.