The Madhya Pradesh High Court recently dismissed an election petition challenging the nomination of Union Aviation Minister Jyotiraditya Scindia to the Rajya Sabha in 2020 [Govind Singh v Jyotiraditya Scindia & Ors].The plea had alleged that Scindia had concealed information regarding a criminal case filed against him while submitting his nomination papers in 2020.
Justice Milind Ramesh Phadke, however, observed that the mere registration of a First Information Report (FIR) cannot be viewed as a pending criminal case for the purpose of disclosures in nomination papers.
"Mere registration of FIR vide crime number 176/2018 against Respondent No.1 (Scindia) at police station, Shyamla Hills, Bhopal for commission of offence punishable under sections 465, 468, 469, 471, 472, 474 and 120-B of IPC doesn’t come within the purview of pendency of criminal case and, therefore, the information regarding the registration of the FIR was not required to be furnished in Form-26 postulated under Rule 4A of Rules of 1961," the Court observed in its February 15 judgment.
The petition before the High Court was filed by former Minister and Congress leader Govind Singh.
Singh alleged that Scindia, as Bharatiya Janata Party (BJP) candidate (after having parted ways with the Congress in 2020), had suppressed details of a criminal case filed against him for the alleged commission of forgery and related offences.
Singh submitted that in 2018, an FIR alleging these offences was lodged against Kamal Nath, Digvijay Singh and Scindia at the Shyamala Hills police station in Bhopal. Scindia also acknowledged this publicly, Singh argued.
The High Court, however, noted that the trial court had not taken cognizance of this criminal case when the nomination papers were filed by Scindia.
A 2018 directive to register an FIR does not signify that the trial court took cognizance, the High Court added. The High Court found that the action undertaken was more in the nature of initiating an investigation or issuing a search warrant for investigative purposes.
"Therefore, it cannot be said that he had taken cognizance of the offence, and once the cognizance of the matter has not been taken by it, it cannot be said that there was any pending criminal case against Respondent No.1 (Scindia)," the High Court observed.
The Court proceeded to hold that it is only when a trial court takes cognisance of a criminal case that it becomes necessary to disclose the same in the nomination papers.
"Non-disclosure of the factum of registration of F.I.R in the nomination Form-26 expressly and impliedly cannot be said to amount corrupt practice as provided under Section 123 of the act of 1951 (Representation of People Act)," the Court concluded.
With these observations, the election petition was dismissed.
Senior counsel Anoop G Chaudhary and Kuber Bodh and advocate Manas Dubey represented Govind Singh.
Senior Advocate Naman Nagrath along with advocates Jubin Prasad and Soumya Pawaiya represented Scindia.
TAGS: oncealment of information election petition FIR registration Madhya Pradesh High Court nomination papers Rajya Sabha Jyotiraditya Scindia Govind Singh trial court Representation of People Act
