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A petition seeking an enquiry by the Election Commission has been filed in the Delhi High Court against BJP leader Rajeev Chandrasekhar for filing a false affidavit along with his nomination papers for the Rajya Sabha Elections in March 2018. The petition contends that the false affidavits infringes the fundamental right of the voters along with raising questions about the free and fair conducting of the elections. The petition also seeks the Election Commission to look into complaints with relation to the filing of false affidavits under the provisions of Section 125A of The Representation of the People Act, 1951.
Rajeev Chandrasekhar had failed to mention the ownership of his Land Rover, Lamborghini, private jet, two properties in Bengaluru, and his wife’s shareholding in a company at the time of his filing of the nomination. It has also been said that, he did not close the annual income of Rs 3.73 crore which is earned from his house leased to his own company, Jupiter Capital. It has been further alleged that, Mr Chandrasekhar was misusing the law and along with that not declaring his actual assets.
The Election Commission referred to a circular that under Section 125A, there was no stipulation that complaints under the Section have to be made by the Returning Officer. Any aggrieved party could move the appropriate Court in cases of concealment in affidavit. Hence, the petitioner states that, the circular cannot be read in a manner which shrinks the duty of the Election Commission’s constitutional duty to investigate into matters of false complaints, especially when a prima facie case is made out against the candidate. The notification thus should be read, to mean that, an aggrieved person along with the Returning Officer to approach the local criminal court has been submitted. Thus, the petitioner submits and seeks for the Election Commission to conduct an enquiry to the false affidavits filed by Chandrasekhar as well as other complaints under Section 125A.
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