ADR had filed an intervention application in the Supreme Court in an SLP in the matter of Satish Ukey vs. Devendra Gangadharrao Fadnavis SLP (Crl.) 19-20/2018. This matter dealt with concealment of information by Maharashtra C.M. Devendra Fadnavis in his affidavit during the Maharashtra State Assembly elections, 2014. In his affidavit, he had not mentioned the information regarding two criminal cases prescribing punishment of more than two years and where cognizance was taken by the court. ADR had intervened in the matter since the matter is pertaining to furnishing of information in the affidavits by candidates at the time of election and ADR was the original party in the 2000, 2002 and 2003 affidavit judgments.

Supreme Court Judgment: Relevant points of the SC judgment dated 1st October, 2019

• For maintaining purity of elections and healthy democracy, voters are required to be educated and well informed about the contesting candidates. There is no necessity of suppressing the relevant facts from the voters.
• Under Section 33-A(1) of the Representation of Peoples Act, 1951, cases in which cognizance has been taken by the court was not added, despite 2002 & 2003 SC ruling.
• Mr Devendra Gangadharrao Fadnavis missed out on giving details of two cases where court has taken the cognizance.
• Section 33-A of the Representation of Peoples Act, 1951 and Rule 4-A of the Conduct of Election Rules, 1961 and Form-26 make it amply clear that the information to be furnished also includes cases where cognizance has been taken by the court.
• Details of all pending cases in which cognizance has been taken by the Court, irrespective of the quantum of punishment or framing of charges will have to be disclosed by the candidate.
• Under Section 125A, furnishing of any false information or concealing of information in the affidavit in Form 26 is an electoral offence punishable with imprisonment upto six months, or with fine or both.
• Order of the High Court as well as trial court is not legally tenable and the same deserves to be set aside.
• The complaint of the appellant will be considered afresh by the learned trial Court.