The Bombay High court on Friday dismissed a petition filed by Mumbai Congress chief Sanjay Nirupam in 2014 seeking to declare Bharatiya Janata Party MP Gopal Shetty’s election from the Mumbai-North constituency as null and void on account of non-disclosure of assets.
Justice Mridual Bhatkar was hearing the petition challenging Mr. Shetty’s election due to non-disclosure of information regarding his assets in the nomination form and affidavits. .
‘Zero value’
Mr. Shetty informed the court that he had not mentioned that the profits earned by his company had already been used or spent. Thus, even though the property belonged to him, it has zero value and would not have any material effect on his election.
The court held, “The property as per evidence was of no value to Mr. Shetty and therefore, he did not disclose it. As the Cooperative Society in the SRA project was already formed, him claiming the plot as an asset would not have been correct and would have amounted to grabbing property.”
Dismissing the plea, the court said, “Considering the facts and nature of the property, non-mentioning the said property in the nomination form and in the affidavit as an asset is not a substantive defect.”
The court said, Section 33A of the the Representation of the People Act, 1950 makes it obligatory for the candidates to disclose their criminal records, pending cases against them, if they have been convicted and the sentence therein for one year or more. There is no such specific provision for disclosure of assets.
