The election of a Congress MLA has come under the scanner reportedly for not declaring criminal cases registered against him in the election affidavit as mandated under the law. The Gujarat high court has issued notice to the legislature and chief electoral officer and sought their response.
Single bench of justice Sangeeta Vishen on April 6 issued the notice to Congress MLA from Patan Kirit Chimanlal Patel on a petition filed by a resident of Patan identified as Pankajkumar Bachubhai Velani. Patel is among the 17 MLAs of opposition Congress who won in the December 2022 Assembly election in the house of 182 seats.
Velani has stated in the petition filed through advocate Amit R Joshi that he is an elector of Patan assembly constituency and also "a local villager being vigilant of his rights and duty." He has listed four FIRs registered against the Congress MLA who reportedly didn't declare them in the affidavit filed before the election. These FIRs include charges of attempt to murder, dacoity, cheating, forgery, among others.
The petitioner has argued that under section 33A of Representation of People Act, a candidate is required to furnish information in his nomination paper, among other information, about the criminal cases he is accused of which are punishable with imprisonment for two years or more.
It was submitted that the Congress MLA 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."