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SC dismisses Fadnavis review petition challenging its election affidavit order

A bench of Justices Arun Mishra, Deepak Gupta and Aniruddha Bose said that it found “no ground to intervene in the review petitions”.

By: Express News Service | New Delhi | March 4, 2020 2:03:46 am
devendra fadnavis, fadnavis poll affidavit case, fadnavis affidavit case, maharashtra news, india news Devendra Fadnavis. (File Photo)

In a setback to former Maharashtra Chief Minster Devendra Fadnavis, the Supreme Court Tuesday dismissed his plea against its 2019 direction to a Maharashtra trial court to consider afresh a complaint accusing him of not disclosing two pending criminal cases in his 2014 election affidavit.

A bench of Justices Arun Mishra, Deepak Gupta and Aniruddha Bose said that it found “no ground to intervene in the review petitions”.

In its October 1 order, the apex court had said that there was a “clear averment… in the complaint to the effect that” Fadnavis “had knowledge of the two cases against him which had not been mentioned in the affidavit”. It set aside the Bombay High Court’s May 3, 2018, order upholding a trial court order dismissing the complaint.

The apex court said, “…we unhesitatingly arrive at the conclusion that the order of the learned trial Court upheld by the High Court by the impugned judgment and order dated 3rd May, 2018 is legally not tenable and the same deserves to be set aside which we hereby do”. It added that the complaint filed by advocate Satish Uke “will be considered afresh by the trial court from the stage where it was interdicted”.

In his review plea, Fadnavis said there was no requirement to furnish information regarding a criminal case unless a charge had been framed by the High Court, as per Section 33 A (1) of the Representation of the People’s Act, 1951. He said the mere cognisance by the court was not a reason to reveal the criminal case.

The complaint was filed before the Judicial Magistrate First Class in Nagpur. It dismissed the complaint on September 7, 2015. A revision petition was filed, which the sessions judge sent to the Nagpur magistrate court for fresh consideration.

This was challenged in the High Court, which set aside the order of the sessions judge.

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