Maha court issues notice to Fadnavis in poll affidavit case

A court here on Monday issued notice to Maharashtra Chief Minister Devendra Fadnavis on a plea alleging non-disclosure of two criminal cases by him in an election affidavit.

The development came after the Supreme Court, on October 1, directed the magistrate's court to go ahead with the application filed by city-based lawyer Satish Uke seeking initiation of criminal proceedings against Fadnavis in the matter.

The magistrate's court on Monday said the case would be held as a summary criminal case, and issued notice to Fadnavis.

"Process (notice) is issued against accused (Fadnavis) for offence punishable under section 125A of Representation of People Act, 1951," magistrate S D Mehta said in the order.

The chief minister has been given time till December 4 to respond to the notice.

Uke has contended that the BJP leader filed a false affidavit in 2014 by not disclosing two pending criminal cases against him.

The cases of cheating and forgery were filed against Fadnavis in 1996 and 1998, but charges were not framed in both the matters.

Uke had filed an application in the magistrate's court in 2014 seeking criminal proceedings to be initiated against Fadnavis.

In 2015, the magistrate's court had dismissed Uke's application, after which he moved the sessions court in 2016 which allowed the application.

Fadnavis then challenged the sessions court's order in the Bombay High Court, which quashed the sessions court's order and upheld the magistrate's order dismissing the application.

Uke filed an appeal in the Supreme Court, which on October 1 set aside the HC order.

The SC order noted that, prima facie, a case under section 125 of the Representation of the People Act (hiding information or furnishing false information in poll affidavit) was made out.

It directed the magistrate's court to go ahead with Uke's application. On November 1, the magistrate's court in Nagpur restored Uke's application.