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Order passed against Ashok Kheny by the High Court bench at Gulbarga

Published On : 07 Jun 2016   |  Reported By : Abraham T J


Bengaluru: The matter concerning the Form No 6 filed on behalf of Ashok Kheny on 01/04/2013 before the Chief Electoral office of Bidar with a bogus signature came up for final hearing and an order was passed by the Gulbarga bench of the Hon’ble High Court of Karnataka today.

The matter relates to the Application for inclusion into the electoral roll filed in the name of Ashok Kheny signed by his brother Sanjay Kheny. As such the application in the name of Ashok Kheny with a bogus signature of the applicant will be treated as null and void, as such the entry in the Voters list also becomes null and void.

When the entry in the voters list becomes Bull & Void his nomination paper filed without a legal entry in the voters list also will become Null & Void as such his election will also become Null & Void.

The Court which saw the documents and compared it could see that the Original signature of Ashok Kheny does not tally with the one on the Form 6 for inclusion and that actually tallied with the signature of his brother Sanjay Kheny considered the matter seriously and remanded the matter back to the Magistrate for complying with the requirement of applying his/her mind before referring the matter for investigation under Section 156(3) of the Cr.Pc. Primarily to state that “on going through the complaint it is primafacie established/felt that the matter deserves to be investigated, as such the matter is referred to the police for investigation after registering the F.I.R”. The Court has also clarified that the Police may if necessary File another fresh F.I.R in this regard when referred by the Magistrate.

The senior counsel Mr.C.V.Nagesh was faced with an embarrassing question by justice Anand Byra Reddy in the open court when he was asked by the judge “Can you see the signature on the Application and state that it is the signature of the accused(Ashok Kheny), which actually tally’s with the signature of the other accused 9Sanjay Kheny)?”. Sri.C.V.Nagesh conceded with it yet said the Magistrate cannot pass an order without primafacie applying his mind as directed by the Supreme Court of India. On this technical ground Alone the matter was referred back to the Magistrate, to passing an order accordingly.







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