Election liable to be set-aside upon non-disclosure of requisite information by candidate

Supreme Court: While deciding upon the question of suppression of information regarding assets and due payable to the Government in affidavits for candidature in Legislative Assembly Elections of 2004, the two-judge bench of A.K. Sikri and Surinder Singh Nijjar, JJ. held that the requirement of provisions under the Representation of the People Act, 1951 of furnishing information regarding the criminal antecedents, educational qualifications and assets held by the candidate, his spouse and dependent children by the candidate is not only a Fundamental Right of the citizens under Article 19(1)(a) of the Constitution but also a solemn obligation on part of every candidate contesting election at every level. The Court while upholding the decision of High Court of Bombay which set-aside the election of the candidate elucidated that election petition like these are the appropriate challenge to such acts and that courts have complete power to nullify such election. Kisan Shankar Kathore v. Arun Dattatray Sawant; Civil Appeal No. 4261 of 2007; Decided on May 9, 2014

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