Devendra Fadnavis to face trial over poll-related cases, SC dismisses his review petition
New Delhi, Mar 03: In a major setback for former chief minister Devendra Fadnavis, the Supreme Court on Tuesday rejected his review petition that wanted the top court to cancel criminal proceedings against him for failure to disclose two pending criminal cases against him in an election affidavit.
"We find no ground to interfere in the review petitions. The same are dismissed," a three-judge bench ruled on Tuesday.
In its October 1, 2019 judgment, the apex court had set aside a Bombay High Court order which gave a clean chit to Fadnavis and held that he did not deserve to be tried for the alleged offence under the Representation of Peoples Act (RPA).
The verdict had come on an appeal by one Satish Ukey, who had challenged the high court's order.
The apex court had last year revived a criminal complaint filed against Fadnavis for allegedly failing to furnish details of two pending criminal cases in his 2014 election affidavit and had asked the trial court to consider it afresh.
The top court had allowed the appeal by Ukey, who had filed a criminal complaint against Fadnavis before a magisterial court in Nagpur, seeking registration of a case against him under Section 125-A of the RP Act.
Section 125-A of the RP Act 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 may be awarded six months' jail term or fine or both.
Ukey had initially moved a magisterial court, which had dismissed his complaint against Fadnavis on September 7, 2015.
Later, he moved the sessions court, which remanded the matter to the magisterial court for a "de novo" (afresh) consideration.
Aggrieved by the sessions court order, Fadnavis had moved the high court which, on May 3, 2018, set it aside.
Ukey alleged that Fadnavis had failed to disclose the pendency of two criminal cases against him in his election affidavit filed in 2014.
The two complaints of alleged cheating and forgery were filed against Fadnavis in 1996 and 1998 but charges were not framed.