Fadnavis to face trial in poll affidavit case
■ ‘Details of 2 pending cases not disclosed’
Former Maharashtra chief minister Devendra Fadnavis will have to face trial in a case relating to his election affidavit of 2014, after the Supreme Court on Tuesday refused to review its earlier order that criminal proceedings be started against him.
Mr Fadnavis had sought reprieve from the top court after a court in Nagpur summoned him over accusation that he concealed information about two pending criminal cases against him in his election affidavit filed in 2014.
Cases of cheating and forgery were filed against Mr Fadnavis in 1996 and 1998, but charges were not framed in either case.
In a setback to former Maharashtra chief minister Devendra Fadnavis, the Supreme Court has dismissed his plea for the reconsideration of 2019 judgment asking him to face trial for not disclosing the details relating to two criminal cases pending against him in his election affidavit filed at the time of 2014 Maharashtra assembly election.
Dismissing the plea by Fadnavis seeking reconsideration of October 1, 2019 order, a bench of Justice Arun Mishra, Justice Deepak Gupta and Justice Aniruddha Bose said, “We find no ground to interfere in the review petitions. The same are dismissed,”
The order that was passed on February 18 – the day open court hearing on Fadnavis plea for the review of 2019 order took place – but was uploaded on the top court website on Tuesday (March 3).
Seeking the reconsideration of October 2019 order, Fadnavis had told the top court that a lower court taking cognizance of a complaint relating to nondisclosure of information about two criminal cases would not qualify to be declared in an election affidavit. The former Chief Minister had contended that there could be a large number of complaints against a Chief Minister but not all of them can be listed in a declaration at the time of filing nomination papers. He had said that 2019 judgment would have a large repercussion and needs to be looked into.
The top court by its October 1, 2019, judgment had ordered the reopening of the election case asking a Nagpur court to consider afresh the allegation about the concealment of information about two criminal cases in the 2014 election affidavit.
Noting that Fadnavis had the “knowledge” of the two cases, the top court had said, “We unhesitatingly arrive at the conclusion that the order is not tenable.”