Kondli MLA first AAP legislator to be jailed

NEW DELHI: Aam Aadmi Party’s Manoj Kumar was sentenced to three months’ imprisonment with a fine of Rs 10,000 for obstructing election process at a poll station in 2013.
“The convict was contesting the elections himself and therefore is expected to know the laws governing the election process in this country,” said additional chief metropolitan magistrate Samar Vishal.
This is the first time an AAP lawmaker’s conviction resulted in jail term. Though three lawmakers, Sahi Ram Pahalwan, Prakash Jarwal and Devinder Sehrawat, who is now with the BJP, were convicted, their punishments never culminated into imprisonment, a source said.
Kumar was convicted under Section 186 (obstructing public servant in discharge of public functions) of IPC and Section 131 (Penalty for disorderly conduct in or near polling stations) of The Representation of the People Act, 1951.
The court said it found no reason on behalf of the convict to award him a lighter sentence. It observed that Kumar had interfered with the polling process — a conduct that is not only illegal but also undemocratic. “Offences relating to elections are a direct assault on the peaceful conduct of such elections and therefore needs to be sternly dealt with,” said the court.
Kumar’s counsel sought leniency, submitting he had a teenaged daughter and needed to take care of things at the matrimonial front. The court was informed that Kumar was a first-time convict and had cooperated during the trial.
The fact that the election process was complete in this case did not hinder the court for observing that Kumar’s conduct had to be punished with sincerity. As a result, though he was eligible for the benefit of probation, the court said it was not inclined to grant it. “Disorderly conduct and even shouting outside polling station is a punishable offence,” it held.
The court, however, granted bail to the AAP MLA on his request to file an appeal against the judgment.
Kumar was accused of hindering the election process by leading over 50 protesters at the main gate of a municipal corporation school during 2013 Delhi assembly elections that caused problems to voters.