SC notice to Fadnavis on petition seeking his disqualification as MLA

SATISH UKEY ALLEGES FADNAVIS HAD CASES OF CHEATING PENDING AGAINST HIM WHICH HE DID NOT DISCLOSE IN HIS 2014 POLL AFFIDAVIT

NEWDELHI: The Supreme Court on Thursday issued notice to Maharashtra chief minister Devendra Fadnavis on a petition seeking his disqualification as a legislator for not disclosing details of two criminal cases pending against him.

The order came on a petition filed by advocate Satish Ukey, who alleges that Fadnavis had cases of cheating and defamation pending against him which he did not disclose in his 2014 election affidavit. Appearing for Ukey, senior advocate Kapil Sibal argued that as per the law, it is mandatory for a candidate to disclose details of pending criminal cases against him. What could be worrying for the Maharashtra CM is that in both the case the punishment is two years or more. According to the Representation of People Act , a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from contesting elections for that period and a further six years after release.

Ukey had earlier filed a petition in the court of the judicial magistrate in Nagpur, but it was dismissed. He then approached the sessions court, which directed the judicial magistrate to reconsider its decision.

Fadnavis challenged the sessions court’s decision before the Nagpur bench of the Bombay high court, which dismissed the case by upholding the judicial magistrate’s decision.

Ukey then challenged the high court’s decision in the Supreme Court.reacting to the Supreme Court notice, chief minister Devendra Fadnavis’ office said no information had been concealed by Fadnavis in his election affidavit and that it had listed the details of all the cases filed against him.

“For 2014 assembly elections, the affidavit filed by the chief minister Devendra Fadnavis has information of all the cases registered against him. The petitioner had first approached the Bombay High Court and made same claims which the court rejected after finding them baseless. The court also initiated action for contempt of court against the petitioner asking him why no action should be taken for filing baseless petitions repeatedly,” said a statement issued by the chief minister’s office on Thursday.

“Today, the Supreme Court has issued a notice to ascertain that the petition should be accepted or not and suitable reply will be filed on the same.”