A complaint was filed to the District Election Officer (DEO) alleging misuse of MCC by Delhi Chief Minister Atishi and an FIR was lodged by Govindpuri Police Station. The FIR, which was filed on 11 January, was registered after the DEO tipped off the police, ordering them to act on the complaint. The complaint was filed on 8 January and accuses Atishi of using government vehicles for campaigning in contravention of the MCC. That is why the complaint also names Executive Engineer Sanjay Kumar as one of the culprits.

The FIR has been filed under section 223 (a) of the Bharatiya Nyaya Sanhita which is related to punishment for disobedience of orders of posted servants of Government. The first petitioner was D.S. Duggal, who is the Vice-President of the South Delhi BJP, who booked the Applicants for the anarchy of government resources in the political system of Delhi for political campaigns in the election process. The latter has been based on an actual violation evidenced by a letter from the General Administration Department (GAD) of the Government of National Capital Territory of Delhi (GNCTD) sent to all divisions on January 7th stating that movement in official vehicles for campaigning or any other election-related purpose was prohibited during the election period.

Duggal’s complaint details an incident on 7 January at approximately 2:30 PM, soon after the announcement of MCC, where Atishi was caught using a government vehicle to distribute government material containing her campaign posters. They claimed that locals, along with Dugga,l demonstrated against the wastage of government funds, the man Duggal filmed the event. The video also apparently features Sibendu Roy, personal assistant to Atishi.

A senior police officer said that although the complainant has filed a complaint mainly against the executive engineer, Atishi, the Chief Minister of Del,hi was also charged because she is said to have been using the official vehicle for electoral campaigning. And the FIR was registered based on the DEO complaint, to the police, consequent to the allegations.

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