Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1951 - s. 100(1)(d)(i) and (iv) - Non-disclosure of information Representation of People Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Representation of People Act, 1951 - s. 100(1)(d)(i) and (iv) - Non-disclosure of information - Election petition by voter - Improper acceptance of returned candidate's nomination by returning officer, despite suppression of material facts, thus, election void - High Court set aside the election of returned candidate - On appeal, held: Non-disclosure of the electricity dues not a serious lapse, but non-disclosure of property and vehicle in the name of returned candidate's wife as also returned candidate's interest/share in the partnership firm major lapse - Thus, material information about the assets not disclosed in the affidavits given by the returned candidate along with the nomination form - There was not a substantial compliance in disclosing the requisite information in the affidavits along with the nomination paper - Once it is found that it was a case of improper acceptance, as there was misinformation or suppression of material information, the rejection can only be at a later date and appropriate stage would be in an election petition - When the court gives such a finding which results in rejection, effect would be that such candidate was not entitled to contest and the election is void, otherwise, it would be an anomalous situation, which cannot be countenanced - Thus, the order passed by High Court is upheld. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2014 INSC 384 |
Petitioner | Kisan Shankar Kathore |
Respondent | Arun Dattatray Sawant & Ors |
SCR | [2014] 7 S.C.R. 258 |
Judgement Date | 2014-05-09 |
Case Number | 4261 |
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