A Thane court has reserved its order on a private complaint against MLA Jitendra Awhad that he had not disclosed to the election commission (EC)his ownership of a flat in the controversial Adarsh housing society in south Mumbai.
The complaint was filed by social activist Pravin Wategaonkar, who has also petitioned the Bombay HC seeking a probe by the Enforcement Directorate into alleged money laundering in the Adarsh scam.
Wategaonkar has sought Awhad’s prosecution under sections 199 and 200 of the IPC for false statement made in a declaration which is by law receivable as evidence and for using as true such declaration knowing it to be false and under the Representation of People Act. These charges carry a punishment of up to six months or fine.
Judicial magistrate first class A Kanade is likely to pronounce the order on the complaint on November 25.
According to the complaint, Awhad, who belongs to the Nationalist Congress Party (NCP), did not mention that he owned a flat in the 31-storey Adarsh building, in the affidavit he filed in September 2009 before the EC along with his nomination form for the election to the state legislature.
Awhad could not be contacted on phone. As the matter is a private complaint, Awhad has not been made a respondent in the proceedings.
Shailesh Sadekar, Wategaonkar’s advocate, argued that Awhad intentionally did not disclose his interest in Adarsh because he was aware of the illegalities committed in the housing society well before it became public knowledge in October 2010.
Awhad was allotted flat number 601 in Adarsh building before 2004 and the MLA made payments by cheques from time to time, between July 2004 and November 2010, totaling Rs60,37,208, the complaint stated.
“A candidate’s disclosure of information, such as convictions, criminal charges, details of movable and immovable assets, is crucial for voters to make an informed choice. The requirement of candidates to furnish such information on affidavit is mandatory and not merely an empty formality,” the complaint said.
In the probe into the Adarsh scam, several politicians, bureaucrats and even army officers were found to have bent the rules to get flats in the housing complex, which was given land to house only serving and retired defence personnel.
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