Maharashtra Chief Minister Devendra FadnavisTHE SUPREME Court on Tuesday reserved its order on a plea challenging the election of Maharashtra Chief Minister Devendra Fadnavis, on the ground that he had not disclosed details of two criminal cases against him while filing his nomination in 2014, even as it sought to know why the allegations should not be proved in trial.
A bench headed by Chief Justice Ranjan Gogoi, and comprising Justices Deepak Gupta and Aniruddha Bose reserved the verdict with the petitioner’s counsel, senior advocate Vivek Tankha, insisting that Fadnavis was required under the law to disclose the details. Appearing for the CM, senior advocate Mukul Rohatgi contested the claim.
Tankha submitted that Fadnavis had not disclosed details of two criminal cases. As per SC directions, a candidate has to disclose the details of cases in which cognizance has been taken by the trial court, he said.
Rohatgi contested the charge and said even if there was such non-disclosure, it will only lead to rejection of nomination and not attract Section 125A of the Representation of the People Act.
Under the section, if a candidate or his proposer fails to furnish or gives false information or conceals it on issues like pending criminal cases, in the nomination paper, then the person may be awarded six months jail term or fine or both. “I have disclosed details of 23 cases. The question is will it attract Section 125A if I forget to give details of two cases. The answer is no,” said Rohatgi.
The court then wondered if the same should not be proved in trial. “Maybe it was a bonafide mistake. But should it not be proved in trial ?” asked the CJI.
Rohatgi said no offence was made out under the relevant sections.
The petition was filed by Advocate Satish Ukey.
