A social activist Hemant Patil has moved the Bombay High Court seeking registration of FIR against Maharashtra State Minister for social welfare department Dhananjay Munde alleging that Munde suppressed material facts pertaining to his family in the election affidavit submitted along with his nomination paper for 2019 State Assembly Election.
Patil has contended that the affidavit by Munde specified that he has only two children from his wife. However, considering the recent confessions to the media of his affair with another woman, it is now admitted that he has two more children that woman, the plea points out.
Patil was referring to the recent incident wherein rape charges were levelled against Munde. Munde had refuted the allegations stating that he had been in a relationship with the alleged victim and had even fathered two children with her.
Patil has contended that these two children with the alleged rape victim were not mentioned by Munde in his 2019 election affidavit and he has, therefore, committed the offence of cheating under IPC and violated provisions of Representation of People Act and Conduct of Election Rules, 1961.
The Conduct of Election Rules 1961 generally and Section 33A of the Representation of People’s Act specifically requires each candidate to make a declaration about assets and liabilities including that of the spouse, candidates’ criminal antecedents and educational qualifications in the affidavit that is submitted to the Election Commission.
Patil has submitted that he discovered about the affidavit when he checked for the same on the Election Commission website.
Pursuant to that, he attempted to file a complaint with the police station at Parole and Superintendent of Police Beed, but it was refused.
He also sent a representation via email to the Directorate General of Police and Chief Election Commissioner of India requesting them to initiate legal action against the false affidavit.
After it was evident that no cognizance was being taken on his representation, Patil proceeded to file the present petition.
“If such type of white collared criminals are not prosecuted and punished according to law, there will be apprehension in the mind of citizens like Patil that these hard criminals will occupy the chair of power to spoil our country. There will be wrong message in the society, culprits like Munde will get courage in doing antisocial activities by misleading the concerned authorities. It is just and necessary in the interest of justice to hear petition,” the plea states.
Based on the above, the petitioner has prayed for directions to the State to register an FIR under Section 420 (cheating) of the Indian Penal Code along with Section 125A (filing of false affidavit) of the Representation of People Act.