Poll affidavit case: Supreme Court rejects plea of Devendra Fadnavis seeking review of 2019 verdict

PTI
Tuesday, 3 March 2020

"We find no ground to interfere in the review petitions. The same are dismissed," said the bench, which also comprised justices Deepak Gupta and Aniruddha Bose.

New Delhi: In a setback to former Maharashtra chief minister Devendra Fadnavis, the Supreme Court has dismissed his plea seeking review of its last year's verdict asking him to face trial for allegedly failing to furnish details of two pending criminal cases against him in his 2014 poll affidavit.
 
In its October 1, 2019 verdict, the apex court had set aside the Bombay High Court order which gave a clean chit to Fadnavis and held that he did not deserve to be tried for the alleged offence under the Representation of Peoples Act (RPA). 

While rejecting the review petition filed by Fadnavis, a three-judge bench headed by Justice Arun Mishra said there was no ground to interfere with the last year verdict. 

"We find no ground to interfere in the review petitions. The same are dismissed," said the bench, which also comprised justices Deepak Gupta and Aniruddha Bose.
 
The order dismissing the review plea was passed on February 18 but it was uploaded on the apex court website on Tuesday.
 
The last year verdict of the apex court had come on an appeal by one Satish Ukey, who had challenged the high court's order. 

While seeking review of the verdict, senior advocate Mukul Rohatgi, appearing for Fadnavis, had told the apex court that there was a "clear error" in the judgement as the law stipulates for disclosure of details about criminal cases only if charges are framed and on conviction.
 
The apex court had last year revived a criminal complaint filed against Fadnavis for allegedly failing to furnish details of two pending criminal cases in his 2014 poll affidavit and had asked the trial court to consider it afresh. 

The top court had allowed the appeal by Ukey, who had filed a criminal complaint against Fadnavis before a magisterial court in Nagpur, seeking registration of a case against him under section 125-A of the RP Act.
 
Section 125-A of the RP Act deals with the penalty for "filing false affidavit" and says that if a candidate or his proposer fails to furnish or gives false or conceals any information in his nomination paper on issues like pending criminal cases then the person may be awarded six months' jail term or fine or both. 

Ukey had initially moved a magisterial court, which had dismissed his complaint against Fadnavis on September 7, 2015. 

Later, he moved the sessions court, which remanded the matter to the magisterial court for a "de novo" (afresh) consideration.
 
Aggrieved by the sessions court order, Fadnavis had moved the high court which, on May 3, 2018, set it aside.
 
The two complaints of alleged cheating and forgery were filed against Fadnavis in 1996 and 1998 but charges were not framed. 

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