38.6c New Delhi, India, Monday, June 17, 2024
Judiciary

Relief for Former Mah CM Fadnavis: SC Agreed to hear his Plea in ‘Open Court’

By LawStreet News Network      24 January, 2020 01:01 PM      0 Comments
Relief for Former Mah CM Fadnavis: SC Agreed to hear his Plea in ‘Open Court’

A relief from SC came for former Maharashtra CM Devendra Fadnavis where the court has agreed to hear his review petition in an open court. Fadnavis filed a review petition requesting the court to reconsider its decision given under ‘Electoral Affidavit Case’. SC ordered the Nagpur court to re-run the trial in a 2014 electoral case in which he has allegedly hid the information of two criminal cases. These two cases include a defamation case from 1998 and a cheating case from 1966. The court observed that Fadnavis had hid all the information related to the two cases.

Advocate Satish Uke had filed a petition in Supreme Court alleging that while filing the nominations for the 2014 elections, fadnavis filed a false affidavit. He claimed in his petition that Fadnavis had hidden the information about ongoing criminal cases against him while filing for the nominations.

The Bench which will hear the petition is consist of Justice Arun Mishra, Justice Deepak Gupta and Justice Aniruddh Bose. The bench said that, “The respondent (Fadnavis) has the knowledge of the two pending cases.

A Bench comprises of former CJI Ranjan Gogoi set aside the Bombay High Court’s order which gave a clean chit to the former CM by saying that he did not deserve to be tried under Representation of Peoples (RP) Act, 1950.

The apex court also said that It is concerned with a limited issue whether prima facie Section 125A of RP Act is attracted or not.” This provision deals with the penalty for “filling false affidavit”.  It says that

A candidate who himself or through his proposer, with intent to be elected in an election,—

(i) fails to furnish information relating to sub-section (1) of section 33A; or

(ii) gives false information which he knows or has reason to believe to be false; or

(iii) conceals any information, in his nomination paper delivered under sub-section (1) of section 33 or in his affidavit which is required to be delivered under sub-section (2) of section 33A, as the case may be, shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.]

According to this section, a candidate is under legal compulsion to disclose all the details of cases in which he is either charged or the trial court had taken cognizance of it.

Ukey alleged that the trial court and the high court had ignored the presence of these cases made out for the prosecution of Fadnavis. 

Author – Aditi Dubey



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

women-including-housewife-approach-ncw-against-controversial-ips-officer-gyaneshwar-singh
Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
courts-this-week-law-street-journal-s-weekly-round-up-of-sc-anf-hcs-june-10-june-15
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [June 10 - June 15]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

17 June, 2024 03:29 PM

TOP STORIES

plea-filed-in-sc-for-fresh-neet
Trending Judiciary
Plea filed in SC for fresh NEET

Plea filed in Supreme Court seeks fresh NEET-UG 2024 exams due to alleged paper leaks and malpractices. Petitioners demand a Special Investigation Team and preventive measures.

11 June, 2024 10:49 AM
plant-30-trees-delhi-hc-orders-senior-citizen-accused-of-outraging-womans-modesty
Trending Judiciary
'Plant 30 trees', Delhi HC orders senior citizen accused of outraging woman's modesty

Plant 30 trees Delhi High Court orders senior citizen accused of outraging womans modesty

11 June, 2024 11:17 AM
no-liability-under-ni-act-for-dishonoured-cheques-of-merged-banks-presented-after-validity-period
Trending Judiciary
No liability under NI Act for dishonoured cheques of merged banks presented after validity period [Read Order]

Allahabad High Court rules that dishonoured cheques from merged banks presented after the validity period won't attract liability under Section 138 of the NI Act.

11 June, 2024 11:29 AM
modi-30-cabinet-full-list-of-ministers-and-their-respective-portfolios
Trending Executive
Modi 3.0 Cabinet: Full list of ministers and their respective portfolios

Modi 3.0 Cabinet: Amit Shah, S. Jaishankar, Nirmala Sitharaman, and Rajnath Singh retain key roles; allies TDP, JD(U), LJP, JD(S) secure major ministries.

11 June, 2024 03:11 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email