The division bench of Justices Akil Kureshi and Z K Saiyed noted this while hearing a petition filed against Vadodara Mayor Bharat Dangar, who is accused of not giving certain details of his assets in the affidavit filed during the municipal elections last year.
A notification of Gujarat State Election Commission says the returning officer can file an FIR in this regard, while the Election Commission of India, in a 2014 order, had said that any aggrieved person can file an FIR.
RTI activist Jitendra Chandwani alleged in his petition that Dangar made several wrong declarations, and did not reveal that details of assets such as his licenced revolver and shares, the allowance paid to him as a director of Bank of Baroda, etc.
The court rejected Chandwani's prayer that it should set aside Dangar's election and declare him disqualified for contesting elections in future. Only an "election tribunal" can do it, the HC said.