HC sets aside election of NCP Mla Kisan Kathore

Mumbai, Aug 16 (UNI) In a significant verdict, the Bombay High Court today set aside election of Kisan Kathore, a NCP MLA, solely on the ground that he had not disclosed complete details of his properties, in the mandatory affidavit along with nomination papers.

While setting aside Kathore's election, Justice A M Khanvilkar has rejected his contention that non-disclosure of complete information on his part was neither found in enlisted malpractices nor has it materialy affected the outcome of the election.

The court has held that once the fact of complete non-disclosure was established, whether it has materially affected the outcome or not, was immaterial.

However, the court has given four weeks time to enable Kathore to approach the apex court, against its order.

Kathore had defeated sitting Shiv Sena MLA Sabir Shaikh from Ambernath constituency in the October 2004 state assembly elections.

This is probably the first order in the country that a court has set aside election of a representative solely on the ground that complete details of movable and immovable properties were not disclosed by the candidate. In two different judgements, the apex court has made it mandatory for candidates to give an affidavit disclosing true and complete information of properties.

Petitioner Arun Sawant's basic allegation that Kathore had not disclosed details of many of his immovable properties and properties in the name of his wife was established during the hearing of the petition.

UNI