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HC stays trial court proceedings against Punjab former CM Channi for poll code violation
Trial court had summoned Channi on January 12 to answer to charge punishable under Section 188 of IPC; singer Sidhu Moosewala, who was the Mansa Congress candidate, was also named in the FIR, but charges against him were not pressed
The Punjab and Haryana high court on Monday stayed trial court proceedings against former chief minister Charanjit Singh Channi in case registered by Mansa police on February 18, 2022, for campaigning beyond the prescribed time on the last day of campaigning for the assembly elections.
Though the detailed order is awaited, his counsel and senior advocate Bipan Ghai said that proceedings in the February 18 case have been stayed by the high court.
Also read: Punjab elections: CM Channi, Congress candidate Moosewala booked for violating poll code
On December 21, 2022, the trial court had summoned Channi on January 12 to answer to the charge of the offence punishable under Section 188 (Disobedience to an order by a public servant, causing obstruction) of the Indian Penal Code. Slain singer Sidhu Moosewala, who was the Congress candidate from Mansa, was also named in the FIR, but the charges against him were not pressed.
The plea seeks quashing of the FIR and stay on further proceedings.
The challan was presented by the local police on June 21, 2022.
The case was registered on the statement of sub inspector Tarandeep Singh. According to the FIR, Chandresh Kumar Yadav, the poll observer for Mansa constituency, had received a complaint from Aam Aadmi Party candidate Vijay Singla that Channi and Moosewala were going door to door to campaign after 6pm along with about 500 Congress workers on February 18 even as campaigning had ended for the February 20 elections.
The complaint was forwarded to the district electoral officer-cum-deputy commissioner, which was forwarded to the station house officer (SHO) concerned by the then DC and the case was registered.
It was alleged that Channi violated the model code of conduct and prohibitory orders as he campaigned in a constituency other than his own after the 6pm deadline.
Eventually, AAP’s Singla defeated Moosewala in the elections. Moosewala was shot dead by gangsters in Mansa district on May 29 last year.
The plea argued that the FIR could not have been registered as a complaint in this regard had to be made by the public servant who promulgated the order or his subordinate. Hence, it should be quashed.
