Gujarat High Court Seeks Congress MLA Kiritkumar Patel's Response On Plea Challenging His Election From Patan Assembly Constituency

The petitioner, an elector from the Patan Assembly, alleged in the petition that following FIRs were not disclosed by Patel in his affidavits submitted to the Returning Officer:

1. FIR under Section 409 (Criminal breach of trust by public servant, or by banker, merchant or agent), Section 467 (Forgery of valuable security, will, etc.) and Section 468 (Forgery for purpose of cheating) of IPC before the Patan City B-Division Police Station registered in the year 2018.
2. FIR under Section 395 (Punishment for dacoity) and Section 307 (Attempt to Murder) of IPC registered before the Patan City B-Division Police Station registered in the year 2015.
3. FIR registered with Patan City Police Station vide First Crime Registration No. 208 of 2009 in which Kiritkumar Chimanlal Patel was shown as the absconding accused.
4. FIR registered with Patan City B-Division Police Station vide First Crime Registration No. 104 of 2015 in which name of Kiritkumar Chimanlal Patel was disclosed as an accused.

Advocate Amit R. Joshi, representing the petitioner, submitted before the court that there was a non-disclosure on the part of Patel in the affidavit filed in the prescribed Form No. 26 read with Rule 4A of the Conduct of Election Rules, 1961 before the returning officer.

It was further submitted that Section 33A of the Representation of the People Act, 1951 provides that a candidate, apart from any information which he is required to furnish under the Act or the Rules in his nomination paper, shall furnish the information also as to whether he is accused of any offence punishable with imprisonment for two years or more in a pending case.

Joshi also submitted that Patel "was obliged to furnish information about registration of the First Information Report; however, failing to do so, would directly be covered under Section 100 of the Act of 1951 inasmuch as, the election can be declared void, inter alia, on the ground of non-compliance of the provisions of the Act or any Rules or orders made therein."

Issuing notice to the Returning Officer, Palan Assembly and the Congress MLA in the petition, the court listed the matter again on June 16.

Case Title: Pankajkumar Bachubhai Velani (Jain) v. Election Commission of India & Ors.

Coram: Justice Sangeeta K. Vishen

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