MUMBAI: In a temporary setback for Union minister Nitin Gadkari, the Bombay High Court's Nagpur bench on Friday allowed Congress leader Nana Patole to file a fresh affidavit to back up his allegations of malpractice in contesting the Lok Sabha elections against the senior BJP leader.
A bench of Justice Atul Chandurkar was seized with a plea filed by Gadkari seeking dismissal of the election petition filed against his election to the Nagpur constituency in 2019 general polls.
In his plea, Gadkari contended that Patole didn't file a proper affidavit, which is mandated under Conduct of Election Rules, 1961, which provides for an affidavit to be filed along with an election petition under the Representation of the People Act, 1951.
Senior counsel Sunil Manohar for Gadkari highlighted several defects in the affidavit of Patole, filed along with his election petition.
"The affidavit filed along with the election petition and also the verification has some defects, which are against the settled law. Thus, the election petition itself must be dismissed," the senior advocate had argued.
Manohar had contended that Patole's affidavit doesn't specify which of his allegations of malpractice against Gadkari were true to his knowledge.
On the other hand, Satish Ukey, the counsel representing Patole countered the submissions stating that not the entire affidavit but only the verification of it had a few defects. He contended that one cannot be compelled to spell out exactly which part of the allegations were true and which weren't.
"However, this wouldn't mean that the main election petition needs to be dismissed. These defects in the verification part are curable," Ukey argued.
Having considered the facts of the case, Justice Chandurkar said, "It is beyond any pale of doubt that the allegations of corrupt practice made in the election petition have to be supported by an affidavit as required in the Rules of 1961. The affidavit must clearly indicate which part of the allegations are true to the knowledge of the deponent and which allegations are true to the information of the deponent."
"Stating the allegations to be true to one’s knowledge and information in the same breath has not been found to be acceptable. At the same time, it is well settled that a defect in verification or in the affidavit as filed is a curable defect and an opportunity deserves to be given to the election petitioner (Patole) to cure the same," the judge said while allowing Patole to file a fresh affidavit.
Notably, in his main petition, Patole has alleged that the election of Gadkari to Nagpur constituency was materially affected as he kept entire voters in dark by concealing material information and he misrepresented – deceived public/voters of the constituency, showing his clean & clear image and mislead the voters by showing cases of public agitation.
