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Hiding criminal past can cost post, say SC

Last Updated 05 February 2015, 19:21 IST

The Supreme Court on Thursday reiterated that the election of a candidate could be declared null and void in case of concealing information on criminal antecedents.

A bench of Justices Dipak Misra and Prafulla C Pant said the non-disclosure of the offences faced by candidates created an impediment in the free exercise of electoral right and could result in rejection of candidature as mandated in the law.

“Disclosure of criminal antecedents of a candidate, especially, pertaining to heinous or serious offence or offences relating to corruption or moral turpitude at the time of filing of nomination paper as mandated by law is a categorical imperative,” the bench said.

The court passed its judgment, dismissing appeal of Krishnamoorthy, who was elected president of Thekampatti Panchayat, Mettupalayam Taluk, Coimbatore district in Tamil Nadu on October 13, 2006. His election was rejected by the district court which was further upheld by the Madras High Court for non-disclosure of criminal cases faced by him.

“As the candidate has the special knowledge of the pending cases where cognizance has been taken or charges have been framed and there is a non-disclosure on his part, it would amount to undue influence and, therefore, the election is to be declared null and void by the Election Tribunal under 97 Section 100(1)(b) of the 1951 Act,” the bench said.

The court which imposed Rs 50,000 cost on the petitioner, while rejecting his plea that he was class X pass and could not comprehend the implication of filling required information.

The apex court's bench presided over by then Chief Justice P Sathasivam, in a judgment in 2013, allowed the returning officers to reject nomination papers of candidates who failed to furnish complete details relating to their assets and criminal background.

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(Published 05 February 2015, 19:21 IST)

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