Satish Mahadeorao Uke v. Devendra Gangadhar Fadnavis and Ors. - (High Court of Bombay) (19 Aug 2015)

Court dismisses petition against Devendra Fadnavis for not disclosing imprisonable offences in nomination

MANU/MH/1986/2015

Election

Determining an application against a petition against Devendra Gangadhar Fadnavis, Chief Minister of Maharashtra, for not having disclosed pending charges in his nomination paper, the Court held that material facts had not be pleaded. The Court applied the rationale that all facts which were essential to clothe the petition with complete cause of action must be pleaded and failure to plead even a single material fact would amount to disobedience of the mandate. Though the Petitioner had alleged that the Minister had not disclosed legal proceedings for an offence punishable with imprisonment for two or more years, he was unable to substantiate that the charge had been framed and cognizance taken by the court prior to the date of the nomination.

Relevant : Section 33A Representation of the People Act, 1951 Act Jabar Singh vs. Genda Lal MANU/SC/0125/1963 Kisan Shankar Kathore vs. Arun Dattatray Sawant and Ors. MANU/SC/0462/2014 People's Union for civil Liberties (PUCL) and Ors. vs. Union of India (UOI) and Anr. MANU/SC/0234/2003

Tags : ELECTION MATERIAL FACT DISCLOSURE NOMINATION