New Delhi: The Supreme Court on Tuesday reserved its order on a plea by former Maharashtra chief minister Devendra Fadnavis seeking reconsideration of the top court’s order of October 2019 asking a Nagpur court to consider afresh a complaint alleging that he had held back information about two criminal cases against him in his election affidavit for the 2014 Maharashtra Assembly elections.
A top court bench comprising Justice Arun Mishra, Justice Deepak Gupta and Justice Aniruddha Bose reserved the order after hearing senior counsel Mukul Rohatgi, appearing for Mr Fadnavis.
Asking the court to look into its October 2019 judgment as it could have large repercussions, Mr Rohatgi contended that a court taking cognizance of a complaint does not qualify it to be declared in an election affidavit, and there could be a large number of complaints against a chief minister but not all of them can be listed at the time of filing nomination papers. That, he added, would require a candidate to file a 50-page affidavit. In its October 1, 2019, judgment, the court, noting that Mr Fadnavis had “knowledge” of the two cases against him but did not mention them in the affidavit, had said, “We unhesitatingly arrive at the conclusion that the order of the learned trial court upheld by the high court is legally not tenable and the same deserves to be set aside which we hereby do.”
It had ordered the reopening of the case, asking a Nagpur court to consider afresh the allegation.