38.6c New Delhi, India, Monday, May 20, 2024
Judiciary

Each moveable property not required to be disclosed by candidates in election: SC [Read Judgment]

By Jhanak Singh      10 April, 2024 12:02 PM      0 Comments
Each moveable property not required to be disclosed by candidates in election SC

NEW DELHI: The Supreme Court on Tuesday held non-disclosure of each and every asset owned by a candidate would not amount to a defect, much less, a defect of a substantial character.

The top court that it was not mandatory for a candidate in election to disclose each moveable asset held by him or family, as the voter's right to know is not absolute.

A bench of Justices Aniruddha Bose and Sanjay Kumar said it is not necessary that a candidate in an election must declare every item of movable property that he or his dependent family members owned, such as, clothing, shoes, crockery, stationery and furniture, etc, unless the item is of such value as to constitute a sizeable asset in itself or reflect upon his candidature, in terms of his lifestyle.

"We are not inclined to accept the blanket proposition that a candidate is required to lay his life out threadbare for examination by the electorate. His ‘right to privacy’ would still survive as regards matters which are of no concern to the voter or are irrelevant to his candidature for public office," the bench said.

The bench set aside July 17, 2023 judgment of Itanagar bench of High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh, which held 2019 election of Karikho Kri as independent MLA from Tezu (ST) Assembly Constituency, as void, on a petition by Congress candidate Nuney Tayang.

The HC found Kri did not disclose vehicles namely Kinetic Zing Scooty, Maruti Omni Van, and TVS Star City Motorcycle.

"Such non-disclosure cannot, by any stretch of imagination, be treated as an attempt on his part to unduly influence the voters, thereby inviting the wrath of Section 123(2) of the Representation of People Act of 1951," the bench said.

The court pointed out Kri had declared the value of the movable assets of his dependent family members and himself as Rs 8,41,87,815.

The value of the three vehicles in question, by comparison, would be a mere miniscule of this figure, which could not be said to amount to ‘undue influence’, the bench said.

The court said every case would have to turn on its own peculiarities and there can be no hard and fast or straitjacketed rule as to when the non-disclosure of a particular movable asset by a candidate would amount to a defect of a substantial character.

The bench said a candidate and his family who own several high-priced watches, which would aggregate to a huge figure in terms of monetary value, would obviously have to disclose those as they constitute an asset of high value and also reflect upon his lavish lifestyle.

However, if a candidate and his family members each own a simple watch, not highly priced, suppression of the value of such watches may not amount to a defect at all. Each case would, therefore, have to be judged on its own facts, the bench said.

In the case, the High Court had found that the nomination of Kri was improperly accepted by the returning officer as he had failed to disclose the three vehicles in question, which continued to be registered in the name of his dependent family members.

Besides, non-submission of the ‘No Dues Certificate’ in respect of the government accommodation occupied by him during his earlier tenure as an MLA was also held to weigh against him.

The High Court also held that non-disclosure of the taxes due and payable by Kri and his wife was a defect of substantial character and the same tainted his nomination.

The election petition was filed by the then Congress candidate, Nuney Tayang, challenging the declaration of the 2019 assembly election result.

The court also said the failure on the part of Kri to disclose the dues of municipal/property taxes payable by him and his wife, the same cannot be held to be a non-disclosure at all.

“We hold that the High Court was in error in concluding that sufficient grounds were made out under Sections 100(1)(b), 100(1)(d)(i) and 100(1)(d)(iv) of the Act of 1951 to invalidate the election of Kri and, further, in holding that non-disclosure of the three vehicles, that still remained registered in the names of his wife and son as on the date of filing of his nomination, amounted to a ‘corrupt practice’ under Section 123(2) of the Act of 1951,” 

the court said.

 

[Read Judgment]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

Does the Waqf board hold any relevance in the secular India of today? Does the Waqf board hold any relevance in the secular India of today?

Towards the end of the clip, Advocate Jain can be seen questioning the leaders of our land, the Central Government, and the parliament to look into the above and review such biased provisions for the greater good of all.  In the end, we are made to question if India is a secular country in the true sense of the term, after all! Wakf board land scam, Central Waqf Board, secular India article

TRENDING NEWS


TOP STORIES

sc-issues-notice-to-ed-on-hemant-sorens-plea-against-arrest-in-land-scam
Trending Judiciary
SC Issues Notice to ED on Hemant Soren's Plea Against Arrest in Land Scam

Supreme Court issues notice to ED on Hemant Soren's plea against arrest in a land scam case, sets hearing for May 17 after senior advocate Kapil Sibal's request for an earlier date.

14 May, 2024 11:24 AM
3800-metric-tonnes-of-solid-wastes-going-untreated-everyday-in-delhi-sc-records-concern
Trending Environment
3,800 metric tonnes of solid wastes going untreated everyday in Delhi SC records concern

The Supreme Court expressed concern as 3,800 metric tonnes of solid waste in Delhi go untreated daily. The issue must be addressed promptly beyond political lines.

14 May, 2024 11:30 AM
plea-filed-in-sc-for-review-of-april-26-evm-vvpat-verdict
Trending Judiciary
Plea filed in SC for review of April 26 EVM VVPAT verdict

A plea has been filed in the Supreme Court to review its April 26 verdict on EVM VVPAT verification, challenging the decision that dismissed a demand for 100% vote cross-verification.

14 May, 2024 12:13 PM
ai-cant-detect-consent-microsoft-and-google-tell-delhi-high-court
Trending Judiciary
AI can’t detect consent Microsoft and Google tell Delhi High Court

Microsoft and Google tell Delhi HC that AI can't detect consent for NCII takedowns, challenging a 24-hour removal directive under IT Act's safe harbour protections.

14 May, 2024 01:33 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email