Maha CM to face trial for omission of criminal cases in poll stmt: SC

In a jolt to Maharashtra Chief Minister Devendra Fadnavis, Supreme Court on Tuesday said BJP leader will have to face trial for allegedly failing to furnish details of two pending criminal cases in his election affidavit in 2014. A bench headed by Chief Justice Ranjan Gogoi set aside Bombay High Court order which had given a clean chit to Fadnavis and had held that he did t deserve to be tried for alleged offences under Representation of Peoples (RP) Act. " respondent (Fadnavis) has kwledge of two pending cases," bench, also comprising Justices Deepak Gupta and Aniruddha Bose, said.

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Petitioner appealed against HC verdict

apex court's verdict came on appeal of one Satish Ukey against HC verdict. On July 23, top court, while reserving verdict, had said that alleged "omission" by Fadnavis of t disclosing information about two criminal cases in his election affidavit may be decided in trial. apex court had said that it was concerned with a limited issue wher prima facie Section 125A of RP Act is attracted or t. provision deals with penalty for "filing false affidavit" and says that if a candidate or his proposer fails to furnish or gives false or conceals any information in his mination paper on issues like pending criminal cases n person may be awarded six months jail term or fine or both.

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Petitioner says Maha CM did t disclose criminal matters in mination papers

Unkey had contended that chief minister filed a false affidavit by t disclosing two criminal matters and yet trial court and high court held that re prima facie case was made out for prosecution of chief minister. He had said that a candidate was under mandatory legal obligation to disclose details of all cases, in which eir charges have been framed or trial court had taken cognizance, in mination papers. petitioner had alleged that Fadnavis, in his election affidavit filed in 2014, had failed to disclose pendency of two criminal cases against him. It was contended that chief minister did t disclose information as required of him under election law and n-disclosure of se two pending criminal cases was in violation of Section 125A of RP Act and constituted an offence in itself. two cases of alleged cheating and forgery were filed against Fadnavis in 1996 and 1998 but charges were t framed.

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