False declaration of educational qualifications corrupt practices under RP Act: HC

The Delhi High Court has said that a false declaration made with regard to educational qualifications by a candidate in election can be brought within the four corners of Section 123(4) (corrupt practices) of the Representation of People Act, 1951. 

A bench of Justice Rajiv Shakdher rejected a plea by Vishesh Ravi, who was elected as an MLA from Karol Bagh here on AAP ticket that educational qualification does not fall within the ambit of Section 123(4) of the 1951 Act, that provided as to what practices are deemed as corrupt practices for the purposes of the law. 

Going through the provision, Justice Shakdher said, "the expression used in relation to candidature" should, in my view, include information concerning the educational qualification of a candidate, since the Supreme Court has unambiguously held that voters have the fundamental right to know the antecedents of the candidate. 

"A false declaration made, qua educational qualification can be brought within the four corners of Section 123(4) of the 1951 Act," the bench said. 

The court decided to consider the election petition filed by the rival BJP candidate, Yogender Chandolia alleging furnishing of false information by Ravi in his affidavit. He sought a direction from the court, that the result of the election of Karol Bagh Assembly Constituency, held on February 08, 2020 be declared null and void.

The court fixed the matter for admission or denial of documents on January 10 and framing of issues on February 25.

The bench agreed to the contention by the petitioner that Ravi has been taking inconsistent stands concerning the highest educational qualification secured by him. 

As per Form-26 filed in 2013, Ravi claimed that he had obtained a degree in B Com in 2008 from CCS University, whereas in 2015, he claimed that he was pursuing a BA (Programme) from IGNOU, Delhi. In contradiction, in Form-26 filed in 2020, Ravi claimed his highest educational qualification was Class X pass in 2003, via NIOS, the court noted.

With regard to non-disclosure of an FIR lodged against Ravi, the court, however, allowed his plea that registration of the criminal case does not bring the matter within the ambit of a pending criminal case as the magistrate concerned has not taken cognisance of the case and no charge sheet had been filed.

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