Ahmedabad: The Gujarat High Court today dismissed a petition demanding legal action against Prime Minister Narendra Modi for allegedly filing a defective affidavit at the time of 2012 Gujarat Assembly elections, saying "it lacks merit".
Acting Chief Justice V M Sahai rejected the plea of AAP member Nishant Verma.
The HC also set aside the lower court's finding that the offence had been committed but no action could be taken as the petition was filed after a delay of more than one year.
Earlier, Verma's application had been rejected by a magistrate and the sessions court on the ground of delay.
The High Court today said the delay in filing of first complaint had not been mentioned or explained. "The petitioner did not mention in the first complaint before a magisterial court that he has no knowledge or information about offence at the time of its commission in November 2012," the court said.
"The petitioner has to explain the reason for delay." Verma had sought an FIR against Modi for "hiding" his marital status in the affidavit he had filed with his nomination for 2012 Assembly polls (when Modi was the Chief Minister of Gujarat) for Maninagar seat here.
Verma contended that when Modi contested the Lok Sabha election in 2014, he mentioned his wife's name in the affidavit for the first time, disclosing the earlier omission.
Thus, Modi, in 2012, had committed an offence under section 125(A)(3) of Representation of People Act, he said.
Section 125 A(3) deals with concealment of information while filing affidavit and provides for imprisonment upto six months.