Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tamil Nadu Panchayats Act 1994 - s.260 - 'Undue influence' |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Tamil Nadu Panchayats Act, 1994 — s.260 — ‘Undue influence’ — Whether failure to disclose criminal cases pending against a candidate would come within the concept of ‘undue influence’ and thereby corrupt practice - Plea of candidate that he having disclosed the main crime number, his failure to mention other ancillary and connected cases, - would not amount to undue influence — Held: A voter has a fundamental right to know the antecedents of the candidate contesting election as it is an essential concomitant for a free and fair election — Disclosure of criminal antecedents, especially pertaining to heinous crimes or crimes relating to corruption or moral turpitude at the time of filing nomination paper is imperative — Concealment or suppression thereof since deprives the voters to make an informed or advised choice and hence would amount to interference or attempt to interference with free exercise of right to vote — As the candidate has special knowledge of the pending cases against him, non- disclosure thereof would amount to undue influence which is a facet of corrupt practice — Thus, the High Court was justified in declaring the election null and void on the ground of corrupt practice - Representation of People Act, 1951 - $s.33A, 100(1)(b), 123(2) and 171-C ~ Conduct of Election Rules 1861 — rr.4A, 41(2), 41(3) and 49-O. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 960 |
Petitioner | Krishnamoorthy |
Respondent | Sivakumar & Ors. |
SCR | [2015] 4 S.C.R. 987 |
Judgement Date | 2015-02-05 |
Case Number | 1478 |
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