The first bench comprising acting Chief Justice Satish K Agnihotri and Justice M M Sundresh dismissed the PIL on Tuesday saying the PIL was not at all maintainable, and that the issue raised by it could be dealt with by the Election Commission of India alone.
The PIL, citing Modi's nomination papers earlier this month, said that though he had contested several elections before, he had, for the first time, declared that he had a wife by the name Jashodaben. Noting that the wedding took place way back in 1967 and the couple lived separately within a few months of the marriage, the PIL by Varaaki said that suppression of this information by Modi all these years was an offence punishable under the provisions of the Representation of the People Act, besides the Indian penal Code.
The PIL-petitioner said he had submitted a representation to the Election Commission on April 20 seeking appropriate legal action, including criminal action against Modi for having filed false affidavits. Since there was no response from the commission, he was forced to approach the high court, he said.
Rejecting his plea, the first bench pointed out that the petitioner had submitted a representation to the Election Commission on April 20, and approached the high court for action the very next day. It said, "We do not find any reason to entertain this writ petition, as the issue raised is to be dealt with by the Election Commission alone. Writ petition is dismissed."