Ahmedabad, Oct 1 (PTI) The Gujarat High Court on Thursday issued summons to BJP Rajya Sabha MP Rajesh Shukla in an election petition alleging failure to disclose in his nomination paper criminal cases pending against him.
The single bench of Justice SV Pinto issued summons, returnable on October 26, to Shukla, who was elected to Rajya Sabha from Gujarat on June 11.
The election petition against Shukla has been filed by Congress MLA Tushar Chaudhary.
Chaudhary has sought that Shukla’s election to the Upper House of the Parliament be declared as null and void for suppressing information pertaining to criminal cases/antecedents and proceedings against him at the time of filing his nomination form.
The petitioner said filing false affidavit, furnishing incorrect information and suppressing facts constitutes “corrupt practices of undue influence” under section 123 (2) of the Representation of the People Act.
As per the petition, the Rajya Sabha MP’s nomination ought to have been rejected by the returning officer under the provisions of the RP Act.
Chaudhary said one Bipinchandra Patel, having learnt about the suppression of information, approached him since Shukla’s election can only be challenged by an elected member of the Gujarat legislative assembly.
In the affidavit accompanying his nomination papers, the MP stated that no criminal case was pending against him. However, a case had actually been registered against him under sections 406, 420, 465, 467, 468, and 471 of Indian Penal Code, the petitioner claimed.
Shukla had been summoned following the registration of these offences and had also filed a petition in HC seeking to quash the complaint, but the court has not granted a stay on the proceedings, the petition claimed. PTI KA BNM
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