HC quashes FIR against MLA for poll code violation

The Punjab and Haryana High Court has quashed an FIR against Payal MLA Manwinder Singh Giaspura after observing that neither the allegations in the complaint, nor the material on record, disclosed any act constituting undue influence over voters.

Allowing the petition, Justice Tribhuvan Dahiya held there was no allegation against the petitioner that he threatened any candidate, voter or “any person in whom a candidate or voter is interested in” with injury of any kind.

“Nor is it alleged that he ever induced or attempted to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or of spiritual censure,” the court said.

Justice Dahiya further concluded there was no material on record to indicate that he interfered or attempted to interfere with free exercise of electoral rights by any voter or candidate.

“Therefore, the allegations on the face of it do not constitute any of the offences alleged against the petitioner,” the court said.

An FIR in the matter was registered on May 16, 2019, at the Fatehgarh Sahib police station under the Representation of People Act during the enforcement of the model code of conduct ahead of the Lok Sabha elections.

Punjab