The petitioner Varaaki, a journalist submitted that Modi by concealing information that he was married in earlier elections has committed an offence under section 125 A of the Representation of Peoples Act,1951 and EC should initiate criminal proceedings against him.
When the petition came up for hearing before the First Bench comprising of Acting Chief Justice Satish K.Agnihotri and Justice M.M.Sundresh dismissed it observing that since the matter fell within the purview of EC it was not "maintainable".
The bench further observed that the petitioner moved the Election Commission yesterday on the issue and approached this court today.
"In such view of the matter, we do not find any reason to entertain the writ petition as the issues related are to be dealt with by the Election Commission", the bench observed.
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