Petition seeking EC action against Modi closed

The Madras High Court today closed a petition seeking to direct Election Commission to take appropriate action against Narendra Modi and disqualify his membership of the assembly as well as Parliament for allegedly not mentioning his marital status in nomination papers filed in past elections.
"The representation dated April 20, 2014 of the petitioner has been considered and disposed of by the Election Commission of India in a letter dated June 5, 2014. Hence nothing survives for adjudication in the petition and this petition is closed," the first Bench, comprising Acting Chief Justice Satish K Agnihotri and Justice M M Sundresh, said.

Petitioner Varaaki alleged that in his poll affidavit from Vadodara in Gujarat and Varanasi in Uttar Pradesh, Modi had written the name 'Jashodaben' in the column for spouse, whereas in assembly elections he contested in the past, he had not disclosed his marital status as required by law.
Modi had thus committed an offence under Section 125 A of the Representation of People Act, 1951, he contended.
The petitioner claimed that Modi himself had admitted he had married this person when he was 17 years old, and alleged he had concealed this fact, which was a clear violation of Section 125 of the RPA.

The petitioner said he had already made a representation to the EC on April 20 requesting appropriate action.

He prayed for a direction from the court to ECI to take appropriate action against Modi, including criminal action for filing 'false' affidavit as per provisions of RPA.
The EC in its reply on June 5 quoted a September 13, 2013 judgement which held that if there was no information to be furnished against any item, appropriate remarks such as 'nil' or 'not applicable' or 'not known' as may be applicable should be indicated in such column and no column be left blank.

The apex court had also made it clear that if a candidate failed to fill the blanks even after reminder by the returning officer, the nomination paper was liable to be rejected by the RO at the time of scrutiny, the letter said.
The Supreme Court had refused to entertain a PIL accusing Modi of leaving this column blank in the nomination papers on the ground such issues should be dealt with by the EC, it said.
The EC, in its letter, clearly mentioned that the petitioner's request was not tenable.
The bench after recording the letter by EC in its order said as the petitioner received a reply on his representation, nothing survives for adjudication and closed the matter.