The Allahabad High Court has refused to quash the charge sheet and “entire proceedings” against Abbas Ansari, son of mafia-turned-politician Mukhtar Ansari, for alleged violation of the model code of conduct during the 2022 Uttar Pradesh assembly elections.
However, while disposing of the petition filed by Abbas Ansari, Justice Raj Beer Singh set aside the summoning order dated January 6, 2023, issued by the lower court and directed it to pass a fresh order in accordance with the law.
The high court, in its order issued last Thursday, said that prima facie no case is made out under Section 171H of the Indian Penal Code (IPC) which makes illegal payments in connection with an election punishable.
However, it cannot be said that no offence under Section 133 of the Representation of People Act is made out, the court said.
Section 133 of the RP Act deals with the penalty for illegal hiring or procuring of conveyance at elections.
“Thus, no case for quashing of the charge sheet or entire proceedings is made out,” the high court said.
At the same time, the HC held that the summoning order was not in accordance with the law.
A first information report (FIR) was lodged against Abbas Ansari and some unidentified persons at police station Dakshin Tola of Mau district.
On February 22, 2022, Ansari along with his supporters were moving in a convoy of several vehicles, while canvassing in the UP assembly election. As the election model code of conduct was in force he was asked to produce passes of vehicles, but he failed to do so.
Abbas Ansari was a candidate of the Suheldev Bhartiya Samaj Party for the March 7 election in Mau assembly constituency.
