An Additional Sessions judge at Ahmedabad district court on Saturday rejected a revision application seeking action against Prime Minister Narendra Modi for filing a defective affidavit in 2012 while contesting the assembly election. The petitioner, a member of Aam Aadmi Party (AAP), had moved the court after a lower court, while rejecting a similar petition, had held that concealing information in the affidavit amounted to offence, but action could not be taken since the complaint was filed after a delay of about 16 months.
Additional Sessions judge Ganpatsinh N Rana refused to entertain the petition, hailing the order of a judicial magistrate court. The order states that “after going through the details of the acts, it doesn’t seem that accused Number 1 (Modi) and his proposer hid information or filed false information for the purpose of winning election.”
The court has termed the complaint as “pervert” that has no basis supporting his allegation. The court has also held the argument of the special public prosecutor K C Kodekar that the complainant Verma has no locus standi to file a complaint since he is not a resident of Maninagar where the alleged defective affidavit was filed. According to Kodekar, the aggrieved person, if at all, should have been a voter of Maninagar constituency.
AAP member Nishant Verma approached the court after Modi filed an affidavit from Vadodara during the Lok Sabha polls last year. It was for the first the time that Modi, the then chief minister of Gujarat, stated that he was married. Following this revelation, Verma lodged a complaint, alleging that Modi had concealed his marital status while contesting from Maninagar seat in the Assembly election in 2012.
Verma contested that the 2012 affidavit filed by Modi for his nomination for Maninagar seat amounted to violation of Representation of the People Act (RPA), 1951. He sought action against Modi and P K Jadeja who accepted Modi’s affidavit as an election officer.