MUMBAI:The Bombay high court on Friday pushed aside a petition filed via Mumbai Congress chief Sanjay Nirupam challenging the election of BJP's Gopal Shetty in the 2014 Lok Sabha elections.
Nirupam had searched for Shetty's election from Mumbai North Parliamentary constituency in the 16th Lok Sabha elections held on November 24, 2014 to be declared null and void.
Nirupam had claimed that Shetty had no longer disclosed information referring to a property owned via the latter and his spouse in suburban Borivli in the nomination form and the affidavits.
Shetty had adverse the petition, and stated provisions of the Representation of the People Act, 1950 state only about disclosure of criminal circumstances, and that there's no provision in recognize to disclosure of properties or penalties of the failure to reveal the similar.
Shetty further claimed that the property in query used to be not more under his possession as all the flats in the stated construction were bought in 2010 itself.
Justice Mridula Bhatkar on Friday delivered a judgment in the petition and permitted Shetty's argument.
"I am of the view that in this petition, considering the facts and nature of the property, non-mentioning the said property in the nomination form and in the affidavit as an asset is not a substantive defect," the court stated.
"In the present case, there is no false declaration but there is elimination of details of one property, that is non-disclosure of one property," Justice Bhatkar stated.
The court noted that section 33A of the Act makes it obligatory for candidates to reveal his or her criminal file, pending circumstances and if she or he has been convicted and the sentence therein.
"There is no such specific provision like section 33A in respect of disclosure of assets. It is mandatory on the part of the candidate to disclose the property and assets as per Form 96 prescribed under the Act," the order stated.
However, there aren't any specific instructions or special provisions like section 33A of the Act, the HC said while disregarding the petition.
Nirupam had searched for Shetty's election from Mumbai North Parliamentary constituency in the 16th Lok Sabha elections held on November 24, 2014 to be declared null and void.
Nirupam had claimed that Shetty had no longer disclosed information referring to a property owned via the latter and his spouse in suburban Borivli in the nomination form and the affidavits.
Shetty had adverse the petition, and stated provisions of the Representation of the People Act, 1950 state only about disclosure of criminal circumstances, and that there's no provision in recognize to disclosure of properties or penalties of the failure to reveal the similar.
Shetty further claimed that the property in query used to be not more under his possession as all the flats in the stated construction were bought in 2010 itself.
Justice Mridula Bhatkar on Friday delivered a judgment in the petition and permitted Shetty's argument.
"I am of the view that in this petition, considering the facts and nature of the property, non-mentioning the said property in the nomination form and in the affidavit as an asset is not a substantive defect," the court stated.
"In the present case, there is no false declaration but there is elimination of details of one property, that is non-disclosure of one property," Justice Bhatkar stated.
The court noted that section 33A of the Act makes it obligatory for candidates to reveal his or her criminal file, pending circumstances and if she or he has been convicted and the sentence therein.
"There is no such specific provision like section 33A in respect of disclosure of assets. It is mandatory on the part of the candidate to disclose the property and assets as per Form 96 prescribed under the Act," the order stated.
However, there aren't any specific instructions or special provisions like section 33A of the Act, the HC said while disregarding the petition.
HC dismisses Nirupam's poll plea against BJP MP
![HC dismisses Nirupam's poll plea against BJP MP]()
Reviewed by Kailash
on
November 30, 2018
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