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Ankit Patel (businessman)     08 May 2016

False affidavit in election

Dear sir,
I filled a divorce petition on d basis of cruelty and my wife is also filled that i am leaving her for money demand (completely false allegation ) and she want to stay with me.
as per court order i am giving 7000/- maintenance. we are fighting this case from 2 year.
Now she fought a Parshad (councellor) election, in affidavit form 26, she mentioned following things:-
1.  A option son/daughter/wife of... she maintioned her father name, didnt mentioned husband name. 
2. she have a 2 voter id and she had voted from 2 place in different election.
3. she didnt mentioned that she is getting 7000/-.
4. Didnt mentioned anything about her husband.
5. she mentioned that she is teaching (doing job), while is replying divorce case she said she is not doing any job.
 
over all she filled it like she is single  she lost election.
sir my question is Can it come under incomplete/hiding detail. can i file a case against her? and under which which section?

 

 



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 6 Replies

Ankit Patel (businessman)     08 May 2016

Sir,  i m willing  to file this case bcz now she seems to be not want to fight this case. now for high money demand her father filled  a false  fir for assaluting him under the influence of politice.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     08 May 2016

Sir.kindly note that....1. That you are having matrimonial dispute and as in all other cases several cases will be filed against each other due to ego of both sides.2 you may both apply for mediation in the said pending cases and try to close entire dispute. It will save time , and money and mental torture and harassment.to both families.3 you may file writ petition at high court mentioning all pending cases and file concent terms and pray for widrawing all cases against each other.4 but if you do not agree then it is your option to file cases against each other till both of you become old which will adversely affect both families please note.good luck.n.b.sawant.advocate high court

adv.bharat @ PUNE (Lawyer)     09 May 2016

1) As ur wife filed false cases ur also going to counter file othr case this will not solve ur problem. It will increase it.

2) To avoid this physical and mental torture to both of u need concilation session for finding problems of ur solution. It will also svae ur valuable time, money.

3) Having two voter ID at different place and voting in different places is crime. U can file case to ur district collector for false voting by same person at two different place.

4) File writ petition at  High court and pray for with drwal of all cases. To solve ur problem.

Thanks

Ms.Usha Kapoor (CEO)     23 August 2016

Ypou mean still she is  a candidate for r rzilla  Parishad elections and yet  to owin. In suh cases the rreturning  Officer conducts an inqquiry and d finds  out  truth or falsity of he r affidavit and is convinced that she has filed a false affidavit May reject her nomination papers. IN case somhow nomination is acepted and  wins the election   her opponents who lost the election may file a petition under RP Act to  disqualiffy hwer candidature and set  aside her election. as she ws found to have filed a false affidavit and supressed material  facts.

Ms.Usha Kapoor (CEO)     23 August 2016

Ypou mean still she is  a candidate for r rzilla  Parishad elections and yet  to owin. In suh cases the rreturning  Officer conducts an inqquiry and d finds  out  truth or falsity of he r affidavit and is convinced that she has filed a false affidavit May reject her nomination papers. IN case somhow nomination is acepted and  wins the election   her opponents who lost the election may file a petition under RP Act to  disqualiffy hwer candidature and set  aside her election. as she ws found to have filed a false affidavit and supressed material  facts.

Ms.Usha Kapoor (CEO)     23 August 2016

Dear Xlient,

,           Suibmitting a false affidavir by a s cansdidate contesting elections l  is not only an electoral offence and  also  invites penal consequences of IPC section 193.Acording to section 193 A canb didate who contests election by filing a falseaffisdavit  will haveto face  a ssentence of 3 years imprisonment and also fine.


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