NEW DELHI: The Supreme Court on Thursday refused to entertain a plea against Madhya Pradesh Chief Minister Shivraj Singh Chouhan. Madhya Pradesh Congress spokesperson K.K. Mishra had filed the petition challenging a High Court order pertaining to a criminal complaint against Chouhan for his alleged role in the "dumper scam."
While a bench of Justice A.K. Sikri and Justice Ashok Bhushan was dismissing Mishra's petition, senior advocate Kapil Sibal, appearing for the Congress leader, said he wanted to withdraw the plea.
"The petition is dismissed as withdrawn," the Court said in its order.
"We know the election is coming, go and contest the election," Justice Sikri remarked.
The dumpers were allegedly purchased by the Chief Minister and his wife despite showing a meagre income in poll affidavits.
The Congress leader has claimed that according to the declaration, the Chouhans had Rs 2.3 lakh in their bank accounts which was insufficient to purchase the heavy vehicles amounting to approximately Rs 2 crore.
In January 2018, the Madhya Pradesh High Court had dismissed Mishra's revision plea challenging the dismissal of the complaint against Chouhan, saying the plea had no merit and substance.
In the top court, Mishra had challenged the High Court order on the grounds that sanction under Section 19(1) of Prevention of Corruption (PC) Act arises at the time of cognizance and not at the time when the complainant is being examined upon oath and presents the evidence before the competent court under Section 200 of CrPC.
During the hearing, Sibal contended that Mishra be allowed to record his statement before the magistrate and present all documentary evidence he had against Chouhan.
In the election affidavit dated April 4, 2006, Chouhan disclosed assets and liabilities belonging to him and his wife Sadhana but a month later, Chouhan's wife purchased four heavy vehicles despite having insufficient funds, alleged Mishra.
It was further alleged that the dumpers were allegedly bought in Sadhana's name and her husband's name was shown as S.R. Singh -- a resident of J.P. Nagar Plant, Rewa --, adding that the husband's name was misleading and the address false.