Only Election Commission has right to register complaint under section 125A of (RP) Act: Karnataka High Court

The Karantaka High Court has said that only the Election Commission, which has the right to register the complaint under section 125A of the Representation of the People's (RP) Act, which is the penalty for filing false affidavits, etc.

The court said this while quashing the proceedings against Manjula Limbavali, MLA from Mahadevapura constituency and Dr Shailendra Beldale, MLA from Bidar South.

The complaint against Manjula Limbavali was filed by an individual, namely Nallurhalli Nagesh, alleging concealment of a property owned by a firm in which she was a partner.

It was further alleged that the dependents column was left blank in the nomination papers submitted by her. Similarly, an individual by name Rajkumar Madki had filed a private complaint stating that Shailendra Beldale had filed a false affidavit that he is a resident of Chitta Village of Bidar District.

Both Manjula Limbavali and Shailendra Beldale moved the high court with separate petitions. It was submitted on behalf of Manjula that her children are not dependent as they are income tax assessees, having their own business. Insofar as non-mentioning of the firm, it was claimed that the firm is a body corporate and it is not a proprietorship concern.

Shailendra Beldale submitted that a private person cannot maintain a complaint pertaining to a false affidavit submitted by a candidate. It was further claimed that he is a resident of Chitta village itself and the same is depicted in the voter identity list of the past three elections.

Perusing the provisions of Section 125A of the RP Act, Justice M Nagaprasanna said that a right given to the voter is only to file an election petition, and not to register a private complaint of crime, of the kind considered in the cases at hand.

It is the duty of the Election Commission, if it wants to do so. The court further observed that Section 195(1) of CrPC mandates that no court shall take cognizance of the offence except upon a complaint by the public servant.

“This is a legal bar in terms of law. Section 125A of the Act also should pass muster the rigours of Section 195(1) of the CrPC. Therefore, the offence has to be complained of only by the Election Commission particularly, of the offence under Section 125A of the Act,” Justice Nagaprasanna said, while quashing the proceedings against the petitioners.

The court further said, “It is open to the complainants to avail of any other available remedy in law, if so advised.”