RANGEETSINH PRABHATSINH PAGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed by the present petitioner seeking registration of FIR against one Ratansinh Shanabhai Nayka (proposed accused) for the offences punishable under Sections 406 , 420 , 465 , 467 , 468 and 471 of the Indian Penal Code, 1860 ( IPC ) and under Section 125A of the Representation Act as the proposed accused person stood in Panchayat Election, 2013, for the post of Sarpanch despite having three child alive.

(2.) Learned advocate Mr.Aamir Pathan has submitted that the proposed accused, on account of amendment in law, disqualifying anyone with more than two children from contesting elections to bodies local self-government, Panchayats, Municipalities and Municipal Corporation, has stated on affidavit that his 3rd Child namely Devrajsinh Ratansinh Nayka had passed away and pursuant to that, Talati-cum-mantri has issued a Death Certificate and the proposed accused fought the elections and thus he has committed the offence. He has further submitted that he has written a complaint to the authorities, which is annexed at Annexure- A to the memo of the petition.

(3.) At this stage, it would be apposite to incorporate the observations made by the Apex Court in the case of M. Subramaniam v. S. Janki dated 20.03.2020 passed in Criminal Appeal No.102 of 2011. The Apex Court has observed thus;-