Congress on Friday urged Election Commission of India (ECI) to cancel nomination of BJP president Amit Shah from Gandhinagar Lok Sabha constituency claiming that Shah has willfully filed a wrong affidavit not mentioning his liabilities. It said Shah's omissions would attract criminal provisions under existing laws and precedent as laid down by the Supreme Court.
Congress mentioned that candidates contesting elections to the Lok Sabha have to disclose their liabilities to any public financial institutions in the affidavits while filing nomination. Shah has two of his properties mortgages to Kalupur Commercial Cooperative Bank for his son's business venture Kusum Finserve LLP for a substantial loan of Rs 25 crore. This liability of Surety as coextensive with the person taking the loan and cannot be defined as a contingent liability.
The party said that Shah had not disclosed this liability during filing his nomination for Rajya Sabha and did not update it in following years. "This would attract several criminal provisions under the existing laws and precedent laid down by the Supreme Court," said the memorandum submitted by the party to the ECI. Shah's acts also constitute a corrupt practice of 'undue influence' under Representation of the People's Act – 1951.
Terming Shah's act as a serious act of corruption through willful and deliberate suppression, it urged ECI to initiate appropriate proceedings to disqualify Shah from contesting the upcoming polls.