RO rejects objections against Fadnavis’ affidavit

Returning Officer for Nagpur South-West constituency of State Legislative Assembly, on Saturday, rejected objections raised against the affidavit filed by Devendra Fadnavis, Chief Minister and Bharatiya Janata Party (BJP) candidate from Nagpur South-West. Dr Ashish Deshmukh, Congress candidate from Nagpur South-West constituency; Prashant Pawar, and some others had raised objections against Fadnavis’ affidavit. They had alleged that the term of Notary -- Adv V P Sontakey -- had expired on December 28, 2018, and still Fadnavis’ election affidavit had the said Notary’s seal.

Hence, they demanded that the nomination filed by Fadnavis should be rejected. Sandip Joshi, Election Agent of Fadnavis, submitted to the Returning Officer the letter of extension of the said Notary’s term. As per the letter submitted by Joshi, the term of Adv V P Sontakey had already been extended up to October 28, 2023. Thus, he said, the error of date on his seal was ‘inconsequential’ and not a defect of substantive nature and in any case not an integral part of the affidavit. “If there is a defect in a notarial seal, it is not a defect of substantive character if it is proved that the notary is competent to have the affidavit sworn before him,” Joshi stated. Further, he quoted the judgement of the Supreme Court in T Phungzathang vs Hangkhanlian (2001 8 SCC 358) to cement his statement.

After going through the submission of Joshi on behalf of Fadnavis, the Returning Officer was convinced that there was no substance in the objection raised by Dr Ashish Deshmukh and others. Hence, he rejected the objection. Further, the Returning Officer rejected another objection raised by Amol Hadke, Aam Aadmi Party candidate from Nagpur South-West constituency. In his objection, Hadke alleged that Fadnavis had suppressed information regarding Government dues dealing with Government accomodations. The Officer, in his order, stated that Fadnavis had submitted no-dues certificates separately along with his nomination papers. Satish Ukey also lodged a complaint regarding ‘style of functioning of Returning Officer’, and also alleging that the affidavit of Fadnavis was ‘false/forged’.

Returning Officer rejected the allegation that Fadnavis’ affidavit was ‘false/forged’ and stated that the said affidavit was notarised. As far as Ukey’s complaint against Returning Officer was concerned, the officer stated that it was not in the capacity of the said office to conduct probe in this regard. Rejection all the objections, the Returning Officer ruled that the nomination form and affidavit filed by Devendra Fadnavis were valid.

Sandip Joshi, Election Agent for Devendra Fadnavis, Chief Minister, refuted the allegations by Dr Ashish Deshmukh, Congress candidate, as ‘baseless’. He said that the rival contestants were raising ‘baseless objections’ against Fadnavis as they had realised their defeat. Addressing a press conference at Tilak Patrakar Bhavan here on Saturday evening, Joshi alleged that the Opposition had realised its clear defeat. “Hence, they are hurling baseless accusations and questioning Bharatiya Janta Party,” he said. The candidates of Congress and Aam Aadmi Party from Nagpur South-West constituency had started creating scenes over the affidavit filed by Devendra Fadnavis. About the allegations about suppression of facts in Fadnavis’ election affidavit, Joshi said that Fadnavis had mentioned everything including assets, complaints, and had also furnished no-dues certificate. “The rivals should have the courage to face the electoral battle instead of hurling baseless allegations,” he added. Nanda Jichkar, Mayor; Pravin Datke, City President of Bharatiya Janata Party; and Chandan Goswami were present at the press conference.