The Supreme Court on Wednesday fixed for hearing on July 23 a petition seeking Chief Minister Devendra Fadnavis’s disqualification as legislator for his alleged non-disclosure of two criminal cases against him in his 2014 election affidavit.
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When The Hindu contacted the Chief Minister’s Office, it said the matter is before the court and it would not be appropriate to comment at this moment.
The Opposition too chose not to make any comment saying the matter is sub-judice. “I don’t think I should comment on a case which is pending and yet to be heard by the apex court. The court will decide based on the merits of the case. I will react after the verdict in the case is out,” Leader of Opposition Vijay Wadettiwar said.
Nationalist Congress Party chief spokesperson Nawab Malik also said that commenting on a case, which is currently being heard in the court, is inappropriate.
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A special leave petition, filed by advocate Satish Uke, challenged an order passed by the Nagpur Bench of the Bombay High Court that quashed an order passed by the Sessions court, Nagpur, and upheld an order of judicial magistrate, first class, (JMFC) Nagpur, dismissing the complaint filed by Mr. Uke against the CM.
Mr. Uke alleged, “On May 7, 1996, a criminal complaint was filed by advocate Madanlal Parate against Mr. Fadnavis and that the JMFC passed an order to issue process for offence under Section 500 (punishment for defamation) of the Indian Penal Code (IPC).”
He said, “On June 7, 1999, another criminal complaint was also filed by Mr. Parate and the JMFC, Nagpur, passed an order to issue process under Sections 468 (forgery for purpose of cheating), 471 (using as genuine a forged document or electronic record), 217 (public servant disobeying direction of law with intent to save person from punishment or property from forfeiture), 218 (public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture), 467 (forgery of valuable security, will, etc.), 420 (cheating and dishonestly inducing delivery of property), and 34 of the IPC.”
Mr. Uke said Mr. Fadnavis withheld this information on the affidavit filed by him before the elections. He said as per Section 125A of the Representation of the Peoples Act, the act of providing false information or concealing of information is a punishable offence with imprisonment up to six months, or with fine, or both.