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SC dismisses plea challenging Jyotiraditya Scindia’s election to Rajya Sabha

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SC dismisses plea challenging Jyotiraditya Scindia’s election to Rajya Sabha

A bench of Justices Hrishikesh Roy and Pankaj Mithal dismissed the special leave petition moved by Congress leader Govind Singh against order of the Madhya Pradesh High Court framing the preliminary issue in the election petition filed against Scindia.

Singh has challenged the candidature of Scindia as a returned candidate of BJP from Madhya Pradesh in the biennial election to Rajya Sabha held on June 19, 2020, on the ground that while submitting the nomination paper along with an affidavit, the BJP leader did not disclose particulars or information regarding registration of FIR lodged against him and others in Bhopal.

It was contended that Scindia had suppressed the facts by not disclosing the FIR in his nomination form which amounts to fraud and corrupt practice and his election be declared as null and void. The Representation of the People Act, 1951 makes it mandatory for the contesting candidate to disclose all correct details in the nomination form supported by an affidavit.

The plea filed before the apex court argued that despite various other issues suggested by Singh, the high court had only framed a preliminary issue in the election petition as to whether mere registration of an FIR constitutes a “pending criminal case” liable to be disclosed in the nomination papers of a prospective candidate under the Representation of the People Act, 1951.

On the other hand, Scindia had contended before the high court that there was no criminal case pending against him and mere registration of FIR does not fall within the purview of a pending criminal case.

In September 2018, an FIR for offences punishable under Sections 465, 468, 469, 471, 472, 474 and 120-B of IPC was lodged against Scindia and others at Shyamla Hills police station in Bhopal on the direction of a Special Judge.

On Friday, the top court refused to issue notice to Scindia and dismissed the appeal filed by Singh against the order passed by the Gwalior bench of the high court on March 17.

Scindia, through Karanjawala & Co., has lodged a ‘caveat’ before the Supreme Court in the matter.

–Ajit Weekly News

puneet/uk


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