Petition in HC seeks action against PM over election affidavit

A member of Aam Aadmi Party (AAP) has moved the Gujarat High Court, seeking legal proceedings against Prime Minister Narendra Modi for filing an allegedly defective affidavit when he had contested the 2012 Assembly elections from Maninagar here.
"I have challenged the order of the district sessions court before the High court, seeking action against the Prime Minister and also the former Returning Officer of Maninagar constituency," said Nishant Verma, the petitioner.
The petition, filed on May 6, is likely to come up for hearing in the second week of June.
In February, the sessions court had rejected Verma's application seeking registration of a case against Modi for not disclosing his wife's name in the election affidavit. He also sought action against P K Jadeja, the then Returning Officer of Maninagar, for accepting the "defective" affidavit.

In June 2014, a magistrate's court had dismissed his application, saying it had been filed more than one year after the election.
As per Criminal Procedure Code section 468(2)(B), a complaint of violation of Representation of People Act has to be filed within one year of the alleged incident.

Modi, then the chief ministerial candidate of BJP in Gujarat, had contested the assembly election from Maninagar in 2012. In the affidavit submitted with the nomination, he left the column regarding 'spouse' blank, Verma says.
Modi disclosed his marital status and the name of his wife (Jashodaben) for the first time when he filed nomination for Vadodara Lok Sabha seat last year, the petition adds.

Section 125-A(3) of RP Act deals with penalty for concealing information while filing affidavit and provides for imprisonment for a term which may extend to six months.