A Special Magistrate Court here on Tuesday quashed a petition questioning the concealment of information on the second wife, daughter in the election affidavit by former Karnataka chief minister H.D. Kumaraswamy.
The court stated that it is not mandatory to provide these details as per the election rules and guidelines.
It was alleged that Kumaraswamy had not disclosed information about his second wife Radhika Kumaraswamy, daughter Sharmika.
A private complaint was lodged in this regard and action sought against Kumaraswamy and lodging of case against him.
However, magistrate J.Preeth had passed the order quashing the petition.
The petition maintained that Kumaraswamy’s affidavit to the election commission contesting Assembly polls from Channapatna seat was inappropriate.
Kumaraswamy had concealed information on his second wife, actress Radhika Kumaraswamy and her daughter Sharmika.
The petition also claimed that he also did not mention about his son Nikhil Kumaraswamy, an actor and politician.
The petition sought to initiate action against Kumaraswamy under the IPC Section 181 and Section 125 (A) of the People Representative’s Act.
The court opined that the filing of a criminal case could not be ordered at this phase on the basis of the petition claiming Radhika Kumaraswamy as the second wife.
No evidence is provided to prove that Radhika is the second wife of Kumaraswamy. He had not provided wrong information.
Not providing information and providing false information are different. Hence, Kumaraswamy had not violated IPC Section 181, the court said.
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