A Special Court for trial of sitting and former MPs and MLAs has taken cognisance of alleged violation of the Model Code of Conduct by Minister for Women and Child Welfare Lakshmi Hebbalkar and registered a criminal case against her and another person on the charge of disobeying directions by a government servant under IPC Section 188.
The Special Court has now issued summons to the Minister, Deputy Commissioner and District Electoral Officer Nitesh Patil said.
The summons issued through the jurisdictional police station are returnable by April 30.
On March 20, officers of the district flying squad received a tip-off that the Minister convened a meeting of anganwadi workers in a private hall near her Belagavi residence. Poll officers visited the spot and her residence. They noticed that Ms. Hebbalkar was speaking to anganwadi workers in connection with the parliamentary elections. They inspected the spot and captured videos and images.
The Minister has, however, denied the charge. She said that the anganwadi workers gathered there to request her to relieve them of poll duty but she was counselling them to join it.
Chief of the flying squad Mahantesh then complained before the court under Section 200 of Cr.PC (procedure for magistrate to take cognisance of an offence) that the Minister and Umesh Rachannanavar, owner of the hall, have violated the poll code.
The Minister organised the meeting without the permission of the Assistant Election Officer and the hall owner facilitated it, fully knowing that the poll code is in operation.
Special Court Judge Preeth J., who is the 42nd ACMM, took cognisance of the offence as evidence prima facie shows that such a meeting has been organised.
The complainant officer requested the court to direct the Belagavi Police to take up investigation under Cr.PC 156 (3) (to give a magistrate the power to direct police to investigate cognizable offenses without giving elaborate orders). But the court declined to refer this to the police saying it cannot be done as per Cr.PC 195 (1) (a) (taking cognisance of offence based on written complaint by public servant). Instead, cognisance was taken based on material placed before the court.
