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2021 (12) TMI 1316 - HC - Indian LawsMaintainability of application - application is predicated on the ground that the election petition read as a whole along with the documents filed, does not disclose a cause of action, and hence, ought to be rejected - whether the petition should be rejected at this stage without the matter going to trial? - HELD THAT:- As per the law which obtains at present the candidate who files his nomination is required, inter alia, to disclose his educational qualifications as also his past convictions including fines imposed, imprisonments suffered, acquittals/discharge, if any, obtained - Disclosure qua the aforesaid is in addition to the disclosure of information qua pending criminal case where a person if convicted, can be sentenced to imprisonment for two years or more, albeit, where charge is framed or cognizance is taken by Court of law, and information concerning the candidate's assets including those of the spouse and dependents as also liabilities, particularly, those related to the Government or public institutes. One cannot quibble with the proposition that the registration of an FIR does not bring the matter adverted to therein, within the ambit of a pending criminal case. Mr. Srivastava is right when he says that a criminal case is said to be pending, either when the concerned Magistrate has taken cognizance under Section 190 of the Code of Criminal Procedure, 1973, or a charge sheet has been filed. Admittedly, the petitioner has neither made any assertion nor placed any document on record, in this behalf. Merely because the May 2002 Academic Examination Result for Class X, concerning the applicant/respondent no. 1, does not align with the assertion made in the petition that the application/respondent no. 1 did not pass the examination of Class X in 2003 would not be a good enough reason to reject the petition. The averments made in this behalf have to be read in their entirety, and, therefore, the matter, in my view, needs to be tried. Leave is granted to the petitioner to file a fresh affidavit in the prescribed form i.e., Form-25 [read with rule 94A of the 1961 Rules], within fifteen days from today - Application dismissed.
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