TIMESOFINDIA.COM | Updated: Oct 1, 2019, 12: 43 IST
- SC: Glorious chit given to Fadnavis in the misleading affidavit case is untenable in law and hence it’s far quashing it
- Petitioner, Satish Ukey, had alleged that Fadnavis, in his election affidavit filed in 2014, had failed to advise the pendency of two prison cases against him
Devendra Fadnavis (File portray)
NEW DELHI: TheSupreme Court docketon Tuesday discipline aside the dapper chits given by trial court docket and the Bombay high court docket to Maharashtra chief ministerDevendra Fadnavisin the case of submitting allegedmisleading election affidavit, thus paving the manner for his trial.
The SC bench of CJIRanjan Gogoiand Justices Deepak Gupta and Aniruddha Bose acknowledged the dapper chit given to Fadnavis in the misleading affidavit case is untenable in law and hence it’s far quashing it.
The petitioner, Satish Ukey, had alleged that Fadnavis, in his election affidavit filed in 2014, had failed to advise the pendency of two prison cases against him.
The SC ordered the trial court docket to take note afresh the criticism filed by Satish Ukey.
The petitioner had contended that Fadnavis didn’t advise the notion as required of him below the election law and the non-disclosure of those two pending prison cases changed into in violation of Portion 125A of the RP Act and constituted an offence in itself.
The 2 cases of alleged cheating and forgery had been filed against Fadnavis in 1996 and 1998 but costs had been not framed.
On July 23, the discontinuance court docket whereas reserving the verdict had acknowledged that the alleged “omission” by Fadnavis of not disclosing data about two prison cases in his election affidavit in 2014 assembly polls shall be determined in the trial.
The apex court docket had acknowledged that it changed into desirous about a dinky trouble whether or not prima facie Portion 125A of the RP Act is attracted or not.
The provision offers with the penalty for “submitting misleading affidavit” and says that if a candidate or his proposer fails to furnish or provides misleading or conceals any data in his nomination paper on points love pending prison cases then the person would shall be awarded six months jail term or magnificent or each and each.
(With inputs from PTI)
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