Petition against BJP MP's victory in '14 polls dismissed

Mumbai: The Bombay high court Friday dismissed a petition filed by Mumbai Congress chief Sanjay Nirupam, challenging the election of BJP’s Gopal Shetty in the 2014 Lok Sabha (LS) elections.

Mr Nirupam had sought that Mr Shetty’s victory from the Mumbai north parliamentary constituency in the 16th LS elections held on November 24, 2014, be declared null and void.

Mr Nirupam had claimed that Mr Shetty had not disclosed information regarding a property owned by the latter and his wife in suburban Borivali in the nomination form and affidavits. Mr Shetty opposed the petition, and said that the provisions of the Representation of the People Act, 1950, stated only about disclosure of criminal cases, and that there was no provision with respect to disclosure of properties or consequences of failure to disclose the same.

Mr Shetty further claimed that the property in question was no more under his ownership as all the flats in the said building had been sold in 2010 itself. Justice Mridula Bhatkar Friday delivered the judgment in the petition and accepted Mr Shetty’s argument.

“I am of the view that in this petition, considering the facts and the nature of the property, not mentioning the said property in the nomination form and in the affidavit as an asset is not a substantive defect,” Justice Bhatkar said.

“In the present case, there is no false declaration but there is elimination of details of one property, that is non-disclosure of one property,” she said.

The court noted that section 33A of the Act made it obligatory for candidates to disclose their criminal records, pending cases and whether they had been convicted.