SC to pronounce on Tuesday verdict on plea seeking prosecution of Maha CM Devendra Fadnavis

The Supreme Court is scheduled to pronounce on Tuesday its verdict on a plea seeking prosecution of Maharashtra Chief Minister Devendra Fadnavis under the provisions of the Representation of the People (RP) Act for allegedly failing to furnish details of two pending criminal cases, in which the trial court had taken cognizance, in his election affidavit.

A bench headed by Chief Justice Ranjan Gogoi will pronounce the verdict on the plea filed by one Satish Ukey.

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.

Senior advocate Mukul Rohatgi, appearing for the chief minister, had referred to the provision of the RP Act and said that the stage of cancellation of nomination papers for alleged concealment of information was over and the question was only whether the lawmaker can be prosecuted.

He had said the Bombay High Court rightly rejected the plea.

The apex court had said that the "long and short of the matter is that you had to disclose the pending cases where charges have been framed. You did it. But you missed out in giving details of two cases (where court has taken cognizance)."