PANJIM: They cannot be disqualified as MLAs, but they can definitely face a jail term. That’s what legal experts says about Tourism Minister Dilip Parulekar and PWD Minister Sudin Dhavalikar, currently embroiled in a controversy for allegedly submitting wrong information regarding their educational qualifications to the Election Commission.
Experts say the duo could possibly face imprisonment of one year or be let off with a fine, or both.
“It does not call for a minister or MLA’s disqualification because it is not influencing the voters in any way. But if the matter is moved to court and the court finds the case of ‘substantial nature’, they can be sentenced to one year in jail or fine or both,” former State Election Commissioner Prabhakar Timble said. .
Advocate Amrut Kansar echoed Timble’s views adding that affidavits are not forged certificates. “An affidavit is not one’s educational certificate. It is an information providing document. A person cannot be disqualified but can certainly be booked under IPC,” he said conceding he is oblivious of the present case.
Advocate Aires Rodrigues, who picked the discrepancies in the affidavits filed by Parulekar, said the minister is liable for jail on various charges of IPC including making a false statement in a declaration, which is by law receivable as evidence.
“I have not seen Dhavalikar’s papers but reportedly the date of his graduation on his affidavit is incorrect. But in the case of Parulekar the offence is all the more serious as he has in 2007 claimed he had a BCom degree and in 2012 says he is Class XII,” Rodrigues said.
Joint Chief Electoral Officer Narayan Navti stated that under the People’s Representation Act 1951, providing wrong information in the affidavit, leads to six months imprisonment.
“However, the person cannot be declared as ineligible or sacked from the government,” he said.
As per the Supreme Court judgement, every voter has the right to know all the information about his/her representative and any wrong information is against the people’s right. The Election Commission has the powers not to accept the affidavits of such candidate during the nomination and scrutiny process. “However, it cannot reject the nomination papers based on allegations as the candidate is then asked to correct the details,” a senior public prosecutor added.
Timble said that if wrong information in the affidavit is established post-elections, an appropriate authority is appointed to act under the Representation of People’s Act. “It is no more the jurisdiction of the election commission,” he added.
