HC rejects Gadkari’s plea to dismiss election petition

Nagpur, Feb 26

The Nagpur Bench of Bombay High Court has dismissed the plea of union Surface Transport Minister Nitin Gadkari to cancel the election application of Mohd Nafis Khan. The judgement was dismissed by Justice Atul Chandurkar, terming the petition of Gadkari filed under the Representation of People Act, section 86 (1) as without any merit.

In Gadkari’s plea it was mentioned that Mohd Nafis Khan did not submit 45-A application along with the affidavit in his election application, and therefore, the provisions of Section 81 (3) of the Representation of the People Act have been violated.

This election petition does not follow the provisions of section 83 (2). Therefore, the petition should be dismissed under 86 (1).

While filing an answer to this, Mohd Nafees Khan informed Gadkari about giving a copy of the election petition. Also, the error mentioned by Gadkari can be corrected. They will be given pages of 45-A numbers. The court found merit in the application and refused to dismiss the election petition. Also, ordered to send Gadkari a copy of the page of 45-A number within 10 days.

The petitioner informed that Gadkari won from Nagpur constituency during the May 2019 Lok Sabha elections. During this time, he did not correctly account the expenses incurred in the election. In the affidavit given with the election nomination letter, the correct information of income was not disclosed.

They hid correct income information and stated income source as agriculture. Also, various provisions and rules of election law were not followed. Therefore, his election should be canceled and fresh elections should be held in Nagpur constituency.