A Delhi court on Monday dismissed a corruption case against AAP MLA, Akhilesh Tripathi, saying he could not be charged under Prevention of Corruption Act as he was not a public servant when he breached the poll expense.
PTI quoted Special Judge Hemani Malhotra as saying, “I have gone through the complaint and the documents thoroughly from which, it prima facie appears that respondent 1 (Tripathi) incurred more election expense than prescribed limit. However, in my prima facie opinion the same was incurred when he was only a contesting candidate for the post of MLA and not a public servant.”
The court’s order came on a complaint filed against Akhilesh Pati Tripathi, MLA from Model Town here, for allegedly spending over the prescribed limit of Rs 14 lakh in the 2013 election campaign.
The judge further said, “The act/conduct of Tripathi by submitting accounts after he became an MLA to explain the expenditure incurred by him before he was elected as MLA is not an offence committed under the Prevention of Corruption (PC) Act as when the election expenses were incurred, he was not a public servant.”
In December last year, in a huge embarrassment for Delhi police, a lower court in Delhi had acquitted Tripathi while admonishing the police for filing trumped up charges against the legislator.