Setback for Fadnavis, SC quashes clean chit given to him
What's the story
Setting aside the clean chits given to him by a trial court and Bombay High Court, the Supreme Court on Tuesday said that Maharashtra's Chief Minister Devendra Fadnavis will face trial in connection to a fake affidavit case.
The decision was pronounced by a bench headed by Chief Justice of India Ranjan Gogoi and including Justices Deepak Gupta and Aniruddha Bose.
Here's more.
The case
He didn't reveal there are two cases against him
The matter dates back to 2014. Advocate Satish Ukey had filed a petition against Fadnavis after he allegedly didn't provide proper information in his election affidavit.
According to Ukey, two cases of forgery and cheating were filed against the BJP leader in 1996 and 1998. Though charges weren't framed, but he should have mentioned them, Ukey alleged.
Series of events
Lawyer went to trial court, HC, and then SC
Ukey said Fadnavis violated Section 125A of the Representation of the People Act. He first approached a trial court, but didn't get the desired verdict.
Thereafter, he knocked on Bombay HC's door, which upheld the lower court's order on May 3, 2018.
The advocate then went to SC which reserved the verdict on July 23. Today, it directed the trial court to take up Ukey's plea.
Proceedings
SC said Fadnavis was supposed to reveal information
Fadnavis' representative Mukul Rohatgi had said the time for canceling nomination for allegedly concealing information was over, and the only question remains is whether the CM will be prosecuted or not.
Thereafter, the court noted that "long and short of the matter" is that Fadnavis had to provide details, which he did, but he didn't reveal about the two cases.
Do you know?
What does the law state about false affidavits?
As per law, a candidate faces two year sentence for hiding information or giving false details in affidavit. The law also states that a person jailed for two years or more shall not contest elections for that period, and a further six years after release.
Elections
Meanwhile, Fadnavis has been named as candidate from Nagpur
A short while after SC handed over the setback to Fadnavis, BJP released its first list of candidates for Maharashtra Assembly elections.
The CM will fight polls from Nagpur South West seat while BJP minister Pankaja Munde was fielded from Parli.
Chandrakant Dada Patil, a tall BJP leader in Maharashtra, was given a ticket from Kothrud.
Elections will be held on October 21.