New Delhi: In a landmark judgment in de-criminalising politics and to ensure probity in public life, the Supreme Court on Thursday held that suppression of information in the nomination form by a candidate on pending criminal/corruption cases is a ground for setting aside his/her election to the panchayat, State legislature or Parliament.
Giving this ruling a bench of Justices Dipak Misra and Prafulla C. Pant expanded the ambit of Section 123 (2) of the Representation of People Act relating to ‘corrupt practice’ and said non-disclosure of information would amount to ‘undue influence’ of the voter and a corrupt practice to warrant quashing of the election.
Justice Misra said, “When there is non-disclosure of the offences, it creates an impediment in the free exercise of electoral right. Concealment or suppression of this nature deprives the voters from making an informed and advised choice as a consequence of which it would come within the compartment of direct or indirect interference or attempt to interfere with the free exercise of the right to vote by the electorate, on the part of the candidate”
The bench said, “As the candidate has the special knowledge of the pending cases where cognisance has been taken or charges have been framed and there is a non-disclosure on his/her part, it would amount to undue influence and, therefore, the election is to be declared null and void by the Election Tribunal. Misinformation nullifies and countermands the very basis and foundation of voter’s exercise of choice and that eventually promotes criminalisation of politics by default.”
