NEW DELHI: The
on Tuesday set aside the clean chits given by trial court and the Bombay high court to Maharashtra chief minister
in the case of filing alleged
, thus paving the way for his trial.
The SC bench of CJI
and Justices Deepak Gupta and Aniruddha Bose said the clean chit given to Fadnavis in the false affidavit case is untenable in law and hence it is quashing it.
The petitioner, Satish Ukey, had alleged that Fadnavis, in his election affidavit filed in 2014, had failed to disclose the pendency of two criminal cases against him.
The SC ordered the trial court to consider afresh the complaint filed by Satish Ukey.
The petitioner had contended that Fadnavis 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.
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 in 2014 assembly polls 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 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 would may be awarded six months jail term or fine or both.
(With inputs from PTI)