MUMBAI
The complaint states that Avhad, who owned a flat in Adarsh, did not disclose the same in his affidavit accompanying the nomination form.
A private complaint has been filed against NCP MLA, Jitendra Avhad, in a court in neighbouring Thane for allegedly failing to disclose in his affidavit at the time of election that he owned a flat in the controversial Adarsh Housing Society in Mumbai.
The complaint, filed by social activist Pravin Wategaonkar before a magistrate's court in Thane, states that Avhad, who owned a flat in Adarsh, did not disclose the same in his affidavit accompanying the nomination form.
"The affidavit dated September 24, 2009 furnished by Avhad to the Maharashtra State Election Commission along with his nomination for election to 2009 state assembly does not disclose ownership of flat in Adarsh," the complaint states.
Accordingly, Avhad was allotted flat number 601 in the 31-storey Adarsh building before 2004, and the MLA made several payments to Society from July 2004 to November 2010 by cheques, totalling Rs60,37,208, towards the flat's price.
The complaint seeks Avhad's prosecution under section 177 (furnishing false information), 181 (flase statement on oath to a public servant), 199 (false statement made in declaration) of the Indian Penal Code, and also under the Representation of People Act. The court is likely to hear the case on March 9.
"The requirement for candidates to furnish such information on affidavit is mandatory and not merely an empty formality," the complaint states.
Avhad deliberately furnished incomplete information as he was not supposed to be a beneficiary of the allotment in Adarsh Society as the Society was meant for the kin of the martyrs of Kargil war, Wategaonkar alleges.
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