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Election Commission to refer complaints on false affidavits to investigating agencies

Last Updated 16 June 2020, 17:35 IST

The Election Commission on Tuesday decided to come down heavily on candidates furnishing false information in election affidavits, saying it is a "devious design to defeat" the right of the voter to be informed and transparency in polls.

The Commission has now decided to take cognizance of complaints regarding furnishing of false information in the affidavits that indicates "serious omission" and refer it to relevant investigating agencies on a case-to-case basis in the "pursuit of a level-playing field".

The decision was taken at a meeting of the Full Commission chaired by Chief Election Commissioner Sunil Arora and attended by Election Commissioners Ashok Lavasa and Sushil Chandra.

Viewing the erosion of this fundamental right as an "affront" to the democratic ideals which underpin the system of government, the Commission felt that false information in poll affidavits affects the "rights" of voters as well as impinging on the "purity" of the electoral process.

"The Commission has been receiving complaints regarding furnishing of false information in the affidavits of some candidates. As per the extant provision, individuals are filing such complaints in the competent court under section 125A of the Representation of People Act, 1951. Now, the Commission has reviewed this position and decided that, in pursuit of a level-playing field, it will take cognisance of complaints, which indicate serious omission on the part of the candidate, and refer such matters to the relevant investigating authorities on a case-to-case basis," an official statement said.

Citing Supreme Court judgements, the Commission said filing of false affidavits, in terms of false or incomplete information, is a "key challenge" as it undermines the rights of voters to be fully informed about their political representatives.

It said the apex court had held that the "truthful" disclosure of all relevant information by a candidate as "integral" to the electoral process and any denial or false disclosure would "tantamount to vitiating the integrity" of elections.

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(Published 16 June 2020, 17:35 IST)

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