SC to pronounce verdict in plea against Maharashtra CM Fadnavis

Supreme Court is scheduled to prounce on Tuesday its verdict on a plea seeking prosecution of Maharashtra Chief Minister Devendra Fnavis under provisions of Representation of People (RP) Act for allegedly failing to furnish details of two pending criminal cases, in which trial court h taken cognizance, in his election affidavit. A bench heed by Chief Justice Ranjan Gogoi will prounce verdict on plea filed by one Satish Ukey.

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Provision for  penalty of filing false affidavit

On July 23, top court while reserving verdict h said that alleged "omission" by Fnavis of t disclosing information about two criminal cases in his election affidavit in 2014 assembly polls may be decided in trial.  apex court h 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 would maybe awarded six months jail term or fine or both.

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Senior vocate Mukul Rohatgi, appearing for chief minister, h referred to provision of RP Act and said that st of cancellation of mination papers for alleged concealment of information was over and question was only wher lawmaker can be prosecuted. He h said Bombay High Court rightly rejected plea.  apex court h said that "long and short of matter is that you h to disclose pending cases where charges have been framed. You did it. But you missed out in giving details of two cases (where court has taken cognizance)."

'Failed to disclose pendency of two criminal cases against him'

Ukey h 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 me out for prosecution of chief minister. He h said that a candidate was under a mandatory legal obligation to disclose details of all cases, in which eir charge have been framed or trial court h taken cognizance, in mination papers.

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petitioner h alleged that Fnavis, in his election affidavit filed in 2014, h 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 Fnavis in 1996 and 1998 but charges were t framed. 

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