BJP MLA granted relief in election code of conduct violation case. MP-MLA court orders. He was accused of announcing the installation of five hand pumps at a street corner meeting. The MP-MLA court of Special Judicial Magistrate DP Sutrakar has granted relief to BJP MLA Kunwar Singh from Dhauni, District Sidhi, in the election code of conduct violation case. The court clarified in its order that the prosecution failed to prove its case beyond reasonable doubt.

 

Consequently, the accused Kunwar Singh, the current MLA, is acquitted of the charges. During the hearing, MLA Kunwar Singh was represented by Advocate Vikas Mishra. He argued that the case was motivated by malice and therefore deserves to be dismissed. The prosecution argued that on April 26, 2019, Neeraj Kumar, a peon at the Tehsil Office, Manjhauli, submitted a complaint to the Assistant Returning Officer alleging that MLA Kunwar Singh had announced the installation of five hand pumps at a street corner meeting in Dhanauli Gram Panchayat.

 

This behavior falls within the ambit of the Model Code of Conduct. Without verifying the veracity of the allegations, the responsible officials registered a First Information Report and initiated the investigation. During this period, VST incharge Dilip Kumar, Revenue Inspector, Manjhauli, was questioned and his statement recorded. He stated that he was covering the public meeting on the instructions of the Election Officer. During this time, the battery of the official camera ran out.

 

Therefore, a video was recorded using his personal mobile phone. A CD was made and submitted to the Election Office. However, when the mobile phone was later requisitioned for forensic examination, it was discovered that it had been discarded due to damage. Consequently, forensic examination could not be conducted. Thus, evidence to verify the authenticity of the video CD was missing. Therefore, the District Prosecution Officer was requested for an opinion. He declared the case worthy of closure. Based on this, senior police officers granted permission to submit a closure application to the court.