After the Supreme Court set aside Bombay High Court's dismissal of poll affidavit case against Chief Minister Devendra Fadnavis, the Maharashtra Chief Minister's Office (CMO) on Tuesday clarified it is wrong and contemptuous to state that the top court allowed prosecution, saying that the matter was remanded back to the trial court for fresh consideration.
"Complainant went to the Supreme Court (SC) and the Court remanded the case back to the trial court for fresh consideration. It will again be heard in trial court to ascertain if a case for prosecution is made out or not. It's wrong and contemptuous to say SC has allowed prosecution," the CMO said in a statement.
Earlier in the day, the Supreme Court had set aside the Bombay High Court order which dismissed a plea that sought annulment of Fadnavis's election to the state Assembly alleging non-disclosure of all pending criminal cases against him.
A bench headed by Chief Justice of India Ranjan Gogoi passed the verdict.
The Bombay High Court had earlier dismissed the plea of one Satish Ukey seeking annulment of Fadanavis's election to the Maharashtra assembly.
The plea alleged that Fadnavis had suppressed information about two pending criminal cases against him while filing nomination from Nagpur's South West Assembly constituency in 2009 and 2014.
Ukey had later approached the top court challenging the High Court's order.
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