Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act 1961 1951: ss. 33A and 125A – Rules 4A r/w Form 26 of Conduct of Election Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Representation of The People Act, 1951 (43 of 1951) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Representation of the People Act, 1951:ss. 33A and 125A – Rules 4A r/w Form 26 of Conduct of Election Rules, 1961 – Criminal complaint against MLA – Alleging infraction of the provision u/s 125-A as the MLA had not mentioned in Form 26 two criminal cases in which cognizance was taken against him – Complaint dismissed by trial court – Order affirmed by High Court – Appeal to Supreme Court – Held: Form 26 mandates disclosure of information by the contesting candidate of not only case(s) in which charges have been framed but also case(s) in which cognizance has been taken by the Court – Certain Letters written by Election Commission of India to the Chief Electoral Officers of all the States and UTs also show that contesting candidate is mandated to furnish information with regard to cases in which cognizance is taken and that any fake declaration or concealment in the affidavit prescribed in Form 26 as required u/s. 33-A(2), will attract the provision of s. 125-A – Cumulative reading of ss. 33-A and r. 4A and Form 26 alongwith the letters from the Election Commissioner, makes it clear that information to be furnished u/s. 33-A includes not only information contained in clauses (i) and (ii) of s. 33-A (1), but also the information made under the Act or the rules made thereunder and such information should be furnished in Form 26 – As per the averment in the complaint, the criminal cases were deliberately not mentioned in Form 26 – Hence, orders of courts below dismissing the complaint is not tenable – Complaint to be considered afresh by trial court. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2019 INSC 1103 |
Petitioner | Satish Ukey |
Respondent | Devendra Gangadharrao Fadnavis And Anr. |
SCR | [2019] 15 S.C.R. 524 |
Judgement Date | 2019-10-01 |
Case Number | 1515 |
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