MCC Violation: Allahabad HC Refuses to Quash Chargesheet against Abbas Ansari

The Allahabad High Court has refused to quash the charge sheet and “entire proceedings” against Abbas Ansari, son of mafia-turned-politician Mukhtar Ansari. The allegations against him comprised violation of the model code of conduct during the 2002 Uttar Pradesh assembly elections.

However, Justice Raj Beer Singh set aside lower court’s summoning order dated January, 6 2023 while disposing of the petition filed by Ansari. A fresh order was directed to be passed 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.

The High Court’s issued order had said that prima facie there is no case under Section 171H of the Indian Penal Code (IPC) which makes illegal payments punishable in connection with an election.

However, it cannot be said that no offence under Section 133 of the Representation of People Act (RP 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.

Abbas Ansari was a candidate of the Suheldev Bhartiya Samaj Party for the March 7 election in Mau assembly constituency. While canvassing in the UP assembly election, Ansari and his supporters were moving in a convoy of several vehicles. However, they were required to produces passes of vehicles as per the election model code of conduct, but he failed to do so.

An FIR was lodged against Abbas Ansari and some unidentified persons at police station Dakshin Tola of Mau district.