| Headnote |
The Representation of the People Act, 1951 – Chapter II, Part III – ss.2(g), 7(b), 8, 8A, 9, 9A, 10, 10A, 33A, 33B, 77, 78, 100, 123 and 169 – Disqualification of Legislators on ground of undue accretion of assets – Right of voters to know vital information about candidates – Writ petition filed by registered society stating that the assets of some members of the Parliament and State legislatures grew disproportionately to their known sources of income – Petitioner sought various reliefs – Held: Parliament has prescribed various disqualifications in Chapter III of Part II of the 1951 Act – However, undue accumulation of wealth (assets of the Legislators) is not one of the grounds specified either under the 1951 Act or u/Arts.102 and 191 of the Constitution which stipulate some of the disqualifications – Financial background, in all its aspects, of the candidates is relevant and critical information – Voters have a fundamental right to know the relevant information about the Candidates – Prayer No.1(1) of the petitioner allowed – Thus, r.4A of the Conduct of Election Rules, 1961 and Form 26 appended to the said Rules to be suitably amended, requiring Candidates and their spouses and dependants to declare their sources of income – Further, prayer no. 1(3)(ii) seeking direction for establishment of a permanent mechanism to inquire/ investigate into the disproportionate increase in the assets of Legislators during their tenure as Legislators, prayer no. 2 seeking declaration that nondisclosure of assets and sources of income would amount to ‘undue influence’- a corrupt practice u/s.123(2) of the 1951 Act, prayer no. 4 seeking information regarding the contracts, if any with the appropriate government either by the candidate or his/her spouse and dependants and prayer no.5 seeking Form 26 to be amended to provide certain further information, also allowed – However, prayer nos. 1(2) and 3 insofar as they seek directions in the nature of mandamus to consider amendment of the RP Act of 1951 and prayer no. 1(3)(i) seeking selective inquiry/investigation into the “disproportionate increase in the assets” of the named Legislators, not allowed – Constitution of India – Arts.19(1)(a), 32, 58, 66, 84, 102(1)(e), 191(1)(e) 173, 326, 329 – VIIth Schedule, List I, Entry 72 – Conduct of Election Rules, 1961 – r 4A, Form 26 – Prevention of Corruption Act, 1988 – ss.13(1)(e), 13(2) – Election Laws – Electoral Reforms. The Representation of the People Act, 1951 – s. 169 – Rule making power under, of Central Government – Discussed – Administrative Law – Subordinate Legislation. Writs – When cannot be issued – Writ petition filed inter alia seeking direction to respondents for amendment of provisions of the 1951 Act – Held: No writ could be issued to compel any legislative body to make a law – Hence, prayers seeking directions to respondents for amendment of the provisions of the 1951 Act cannot be granted – The Representation of the People Act, 1951 |
