The Supreme Court on Tuesday reserved its verdict on former Maharashtra chief minister Devendra Fadnavis’ plea seeking review of its 2019 judgment asking the BJP leader to face trial for allegedly failing to furnish details of pending criminal cases against him in his 2014 poll affidavit.
Senior advocate Mukul Rohatgi, representing Fadnavis, told a bench headed by Justice Arun Mishra that the issue will have very far reaching consequences for other candidates fighting elections and the top court needs to re-examine its October 1, 2019 decision.
In its judgment last year, the apex court had set aside the Bombay High Court order which gave a clean chit to Fadnavis and held that he did not deserve to be tried for the alleged offence under the Representation of Peoples Act (RPA).
During the arguments, Rohatgi said a candidate can be criminally prosecuted for violating the two conditions of not disclosing the cases where charges have been framed and where he or she has been convicted.
“This will seal my fate. It is an important question as it affect Article 21. This is a matter which requires a re-look,” Rohatgi told the bench, also comprising justices Deepak Gupta and Aniruddha Bose.
