The Supreme Court Friday junked a PIL contending the affidavit with Gujarat Chief Minister Narendra Modi's nomination papers in December 2012 state assembly elections was defective as it suppressed the fact about his marital status.
A bench of Chief Justice P.Sathasivam and Justice Ranjan Gogoi rejected the PIL by S. Suneil alias Suneil Sarawgi, seeking quashing of the order of the returning officer of Maninagar assembly constituency accepting the defective affidavit of Modi wherein he had held back the fact of his marriage.
Modi represents Maninagar assembly constituency in Gujarat assembly.
The PIL petitioner contended that both actions - filing an incomplete affidavit and its acceptance by the returning officer - were in the breach of the apex court's directions and the guidelines issued by the Election Commission that mandates full disclosure of the information sought in the affidavit.
The PIL said that the poll panel by its March 16, 2011, order had reiterated its earlier instructions which said that a candidate would write "Nil" or "Not Applicable" against the columns where a candidate has no information to offer.
However, the PIL said that Modi had left blank the column pertaining to his spouse and dependents thereby "concealing the material status and the assets and liabilities of his spouse".
It contended that "such a defective and incomplete affidavit is violative of the Compendium of Instructions on the Conduct of Elections...released in 2009" by the Election Commission.