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Previously, the High Court of Bombay had held that a plain perusal of clause (i) of sub-section (1) of section 33(A) inches towards a different result. According to the Court, the disclosure of pending criminal cases against the contestant is mandatory only in those criminal cases which are punishable with imprisonment of two years or more and the charge has been framed. The provision does not attract its application in such circumstances wherein there is non-disclosure of pending criminal cases in which charge has not been framed through the Concerned Court of Judicial Magistrate, First Class, Nagpur had taken cognizance.
The Hon’ble bench comprising Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K. M. Joseph issued a notice to the Mr.DevendraFadnavis taking into notice his failure to disclose the pendency of two criminal cases against him in the election affidavit filed in 2014. On account of this allegation made by the Advocate – Satish Ukey, the current Chief Minister of Maharashtra did not comply with the statutory requirement under section 33A(1) of the Representation of People’s Act, 1951.
The petitioner alleged that there were two cases: One is related to offences punishable under Sections 217, 218, 425, 466, 467, 468, 470, 474, 506, 109 read with Section 34 of the IPC, and another is related to offences punishable under section 500 of the IPC; and in both the cases, charges were not framed but only taken cognizance of. Non-disclosure of this fact is a violation of section 125A of the aforesaid Act of 1951, and this is offence per se.
The Bombay High Court, by reading section 33A with Rule 3A of the Election Rules and Form 26 affidavit, construed the petitioner’s contentions to be fragile and wanting merit. Mr.DevendraFadnavis had submitted his nomination papers coupled with the necessary documents and affidavit in Form No.26 as prescribed under Rule 4A of the Conduct of Election Rules, 1961.
The affidavit filed has a proclamation in respect of particulars whicha candidate has to fill in mandatorilyin terms of clauses (i) and (ii) of Section 33A(1) of the Act of 1951. As per this provision, it is mandatory to disclose any information regarding the pending criminal cases against the contestant where the punishment for offences constituting the cases is of imprisonment of two years or more and where a charge was framed by the Competent Judicial institution or such cases in which the contestant was convicted and sentenced to imprisonment for a year or more.
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