Plea against Modi over 2012 election affidavit dismissed

The Supreme Court bench headed by by Justice J Chelameswar  dismissed a plea filed for taking action against Prime Minister Narendra Modi for allegedly filing a defective affidavit relating to his marital status during the 2012 Gujarat Assembly elections.
lawzmagazine.comThe plea has been rejected by the SC bench. Earlier Gujarat High Court order had refused to entertain this plea on the ground that it lacked merit.
The complaint filed by Nishant Varma in April 2014 had sought an FIR against Modi for “hiding” his marital status in the affidavit he had filed with his nomination for 2012 Assembly polls (when Modi was the Chief Minister of Gujarat) for Maninagar seat.
The complainant had contended that when Modi contested the Lok Sabha election in 2014, he mentioned his wife’s name in the affidavit for the first time, disclosing the earlier omission. Thus, Modi, in 2012, had committed an offence under section 125(A)(3) of Representation of People Act, he said.
Section 125 A(3) deals with concealment of information while filing affidavit and provides for imprisonment upto six months.
The lower court’s finding that the offence had been committed by Modi but no action could be taken as the petition was filed after a delay of more than one year.

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