Maha CM Fadnavis to face trial for non-disclosure of criminal cases in poll affidavit

Agencies
October 1, 2019

Mumbai, Oct 1: In a jolt to Maharashtra Chief Minister Devendra Fadnavis, the Supreme Court on Tuesday said the BJP leader will have to face trial for allegedly failing to furnish details of two pending criminal cases in his election affidavit in 2014.

A bench headed by Chief Justice Ranjan Gogoi set aside the Bombay High Court order which had given a clean chit to Fadnavis and had held that he did not deserve to be tried for the alleged offences under the Representation of Peoples (RP) Act.

"The respondent (Fadnavis) has the knowledge of the two pending cases," the bench, also comprising Justices Deepak Gupta and Aniruddha Bose, said.

The apex court's verdict came on the appeal of one Satish Uikey against the HC verdict.

On July 23, the top court, while reserving the verdict, had said that the alleged "omission" by Fadnavis of not disclosing information about two criminal cases in his election affidavit may be decided in the trial.

The apex court had said that it was concerned with a limited issue whether prima facie Section 125A of the RP Act is attracted or not.

The provision deals with the penalty for "filing a 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 contended that the chief minister filed a false affidavit by not disclosing two criminal matters and yet the trial court and the high court held that there no prima facie case was made out for prosecution of the chief minister.

He had said that a candidate was under a mandatory legal obligation to disclose details of all cases, in which either charges have been framed or the trial court had taken cognizance, in the nomination papers.

The petitioner had alleged that Fadnavis, in his election affidavit filed in 2014, had failed to disclose the pendency of two criminal cases against him.

It was contended that the chief minister did not disclose the information as required of him under the election law and the non-disclosure of these two pending criminal cases was in violation of Section 125A of the RP Act and constituted an offence in itself.

The two cases of alleged cheating and forgery were filed against Fadnavis in 1996 and 1998 but charges were not framed.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
March 24,2020

Gautam Buddh Nagar, Mar 24: As many as 96 First Information Reports (FIRs) were registered and more than 2000 challans issued in Noida yesterday for violation of lockdown rules, police said. The lockdown was imposed in a bid to contain the spread of coronavirus, which has taken more than 14000 lives across the globe.

The FIRs were registered against people for allegedly flouting Section 144 and not adhering to the orders of the state government for staying indoors.
Chief Minister Yogi Adityanath on Monday stated that all borders adjoining Uttar Pradesh should be completely sealed.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 7,2020

New Delhi, Jan 7: The government has asked public sector undertakings to dissuade their employees from participating in the 'Bharat Bandh' called on Wednesday and advised them to prepare a contingency plan to ensure smooth functioning of the enterprises.

Ten central trade unions have said around 25 crore people will participate in the nationwide strike to protest against the government's "anti-people" policies.

Trade unions INTUC, AITUC, HMS, CITU, AIUTUC, TUCC, SEWA, AICCTU, LPF, UTUC along with various sectoral independent federations and associations had adopted a declaration in September last to go on the nationwide strike on January 8.

"Any employee going on strike in any form, including protest, would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action," said an office memorandum issued by the government.

"Suitable contingency plan may also be worked out to carry out the various functions of the ministry/department," it added.

It also issued instructions not to sanction casual leave or other kind of leave to employees if applied for during the period of the proposed protest or strike and ensure that the willing employees are allowed hindrance-free entry into the office premises.

The instructions issued by the Department of Personnel & Training prohibit the government servants from participating in any form of strike, including mass casual leave, go-slow and sit-down, or any action that abet any form of strike.

Besides, pay and allowances are not admissible to an employee for his absence from duty without any authority.

The central trade unions are protesting against labour reforms, FDI, disinvestment, corporatisation and privatisation policies and to press for a 12-point common demands of the working class relating to minimum wage and social security, among others.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 11,2020

May 11: Congress leader Rahul Gandhi on Monday said many states were amending labour laws, but the fight against the novel coronavirus pandemic cannot be an excuse to exploit workers, suppress their voice and crush their human rights.

Gandhi said there cannot be any compromise on the basic principles by allowing unsafe workplaces.

"Many states are amending labour laws. We are together fighting against corona, but this cannot be an excuse to crush human rights, allow unsafe workplaces, exploit workers and suppress their voice," he said.

"There cannot be any compromise on these basic principles," he added.

Congress leader Jairam Ramesh also said it would be dangerous and disastrous to loosen labour, land and environment laws in the name of economic revival and stimulus.

"In the name of economic revival and stimulus, it will be dangerous and disastrous to loosen labour, land and environmental laws and regulations as the Modi govt is planning.

"The first steps have already been taken. This is a quack remedy like demonetisation," Ramesh tweeted.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.