Modi's marital status: Court rejects complaint against PM on defective affidavit

AHMEDABAD: A sessions court on Saturday rejected an appeal against the magisterial court's order dismissing the request for lodging an FIR against Prime Minister Narendra Modi for allegedly filing a defective affidavit during the 2012 assembly polls by not revealing his marital status.

The court has rejected the appeal by questioning complainant's right to seek action against Modi and holding that the application was filed at a belated stage.

On June 30, 2014, a judicial magistrate M M Shaikh turned down a plaint by Aam Aadmi Party member Nishant Varma seeking cancelation of Modi's candidature on the ground that he had not filled the column on marital status. But in his affidavit filed during the 2014 general elections, he declared Jashodaben's name as his wife.

The magistrate rejected the application on the ground of delay and said that the incident was of December 2012, and the application came to be filed in April 2014. Since the delay is more than a year, the complaint cannot be accepted. However, the court held Modi guilty and said, "An offence is committed under section 125(A)(3) of Representation of People (RP) Act by not disclosing facts?Section 125-A(3) of RP Act deals with penalty for concealing information while filing affidavit and provides for imprisonment for a term which may extend to six months."

Varma questioned this order before the sessions court and his lawyer K R Koshti argued that the complaint was not time-barred because they came to know about Modi's defective affidavit in April 2014 as soon as he filed second affidavit and revealed his wife's name.

However, judge Rana has not accepted this argument and termed this application as time-barred. The judge also rejected the appeal on the ground that Varma is not a resident of the constituency where Modi filed affidavit and hence he has no locus standi to file this complaint and to seek action against Modi.

Varma said that he would move the high court.

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