RESURGENCE INDIA Vs ELECTION COMMISSION OF INDIA
Bench: P SATHASIVAM,RANJANA PRAKASH DESAI,RANJAN GOGOI
Case number: W.P.(C) No.-000121-000121 / 2008
Diary number: 8036 / 2008
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
Page 17
Page 18
Page 19
Page 20
Page 21
Page 22
Page 23
Page 24
Page 25
Page 26
Page 1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 121 OF 2008
Resurgence India .... Petitioner (s)
Versus
Election Commission of India & Anr. .... Respondent(s)
J U D G M E N T
P.Sathasivam, CJI.
1) This writ petition, under Article 32 of the Constitution of
India, has been filed to issue specific directions to effectuate
meaningful implementation of the judgments rendered by
this Court in Union of India vs. Association for
Democratic Reforms and Another (2002) 5 SCC 294 and
People’s Union for Civil Liberties (PUCL) and Another
vs. Union of India & Anr. (2003) 4 SCC 399 and also to
direct the respondents herein to make it compulsory for the
Returning Officers to ensure that the affidavits filed by the
1
Page 2
contestants are complete in all respects and to reject the
affidavits having blank particulars.
Background:
2) In order to maintain purity of elections and to bring
transparency in the process of election, this Court, in
Association for Democratic Reforms (supra), directed
the Election Commission of India-Respondent No. 1 herein to
issue necessary orders, in exercise of its power under Article
324 of the Constitution, to call for information on affidavit
from each candidate seeking election to the Parliament or a
State Legislature as a necessary part of his nomination
paper furnishing therein information relating to his
conviction/acquittal/discharge in any criminal offence in the
past, any case pending against him of any offence
punishable with imprisonment for 2 years or more,
information regarding assets (movable, immovable, bank
balance etc.) of the candidate as well as of his/her spouse
and that of dependants, liability, if any, and the educational
qualification of the candidate.
2
Page 3
3) Pursuant to the above order, the Election Commission,
vide order dated 28.06.2002, issued certain directions to the
candidates to furnish full and complete information in the
form of an affidavit, duly sworn before a Magistrate of the
First Class, with regard to the matters specified in
Association for Democratic Reforms (supra). It was
also directed that non-furnishing of the affidavit by any
candidate or furnishing of any wrong or incomplete
information or suppression of any material information will
result in the rejection of the nomination paper, apart from
inviting penal consequences under the Indian Penal Code,
1860. It was further clarified that only such information shall
be considered to be wrong or incomplete or suppression of
material information which is found to be a defect of
substantial character by the Returning Officer in the
summary inquiry conducted by him at the time of scrutiny of
nomination papers.
4) In People’s Union for Civil Liberties (PUCL)
(supra), though this Court reaffirmed the aforementioned
decision but also held that the direction to reject the
3
Page 4
nomination papers for furnishing wrong information or
concealing material information and verification of assets
and liabilities by means of a summary inquiry at the time of
scrutiny of the nominations cannot be justified.
5) Pursuant to the above, the Election Commission, vide
order dated 27.03.2003, held its earlier order dated
28.06.2002 non-enforceable with regard to verification of
assets and liabilities by means of summary inquiry and
rejection of nomination papers on the ground of furnishing
wrong information or suppression of material information.
6) Again, the Election Commission of India, vide letter
dated 02.06.2004 directed the Chief Electoral Officers of all
the States and Union Territories that where any complaint
regarding furnishing of false information by any candidate is
submitted by anyone, supported by some documentary
evidence, the Returning Officer concerned should initiate
action to prosecute the candidate concerned by filing formal
complaint before the appropriate authority.
Brief facts:
4
Page 5
7) In the above backdrop, the brief facts of the case in
hand are as under:- Resurgence India-the petitioner herein is
a non-governmental organization (NGO) registered under the
Societies Registration Act, 1860 and is working for social
awakening, social empowerment, human rights and dignity.
During Punjab Legislative Assembly Elections, 2007, the
petitioner-organization undertook a massive exercise under
the banner “Punjab Election Watch’ and affidavits pertaining
to the candidates of six major political parties in the State
were analyzed in order to verify their completeness. During
such campaign, large scale irregularities were found in most
of the affidavits filed by the candidates.
8) On 09.02.2007, the petitioner-organization made a
representation to the Election Commission of India regarding
large number of non-disclosures in the affidavits filed by the
contestants in the State of Punjab and poor level of scrutiny
by the Returning Officers. Vide letter dated 20.02.2007, the
Election Commission of India expressed its inability in
rejecting the nomination papers of the candidates solely due
to furnishing of false/incomplete information in the affidavits
5
Page 6
in view of the judgment in People’s Union for Civil
Liberties (PUCL) (supra).
9) Being aggrieved of the same, the petitioner-
organization has preferred this petition for the issuance of a
writ of mandamus to make it compulsory for the Returning
Officers to ensure that the affidavits filed by the contestants
should be complete in all respects and to reject those
nomination papers which are accompanied by
incomplete/blank affidavits. The petitioner-organization also
prayed for deterrent action against the Returning Officers in
case of acceptance of such incomplete affidavits in order to
remove deficiencies in the format of the prescribed affidavit.
10) Heard Mr. Prashant Bhushan, learned counsel for the
petitioner-organization, Ms. Meenakshi Arora, learned
counsel for the Election Commission of India-Respondent No.
1 herein and Mr. A. Mariarputham, learned senior counsel for
the Union of India.
Prayer/Relief Sought for:
Stand of the Petitioner-Organization:
6
Page 7
11) The Petitioner-organization pleaded for issuance of
appropriate writ/direction including the writ of mandamus
directing the respondents herein to make it compulsory for
the Returning Officers to ensure that the affidavits filed by
the candidates are complete in all respects and to reject
those nomination papers, which are accompanied by blank
affidavits.
Stand of the Election Commission of India:
It is the stand of the Election Commission of India that the
judgment in People’s Union for Civil Liberties (PUCL)
(supra) does not empower the Returning Officers to reject
the nomination papers solely due to furnishing of
false/incomplete/blank information in the affidavits signed by
the candidates. In succinct, they put forth the argument that
they do not have any latitude for rejecting the nomination
papers in view of the above mentioned judgment. However,
learned counsel for the Election Commission of India made
an assertion that the Election Commission too is of the
opinion that incomplete nomination papers must be rejected.
7
Page 8
Hence, the Election Commission of India sought for
clarification in that regard.
Stand of the Union of India:
The Union of India also put forth the similar contention as
raised by the Election Commission. Interestingly, the Union
of India also raised a query as to how this Court will be
justified in accepting the nomination paper with false
information but rejecting the nomination paper for filing
affidavit with particulars left blank and hence prayed that
both the abovesaid situations must be treated at par.
Discussion:
12) Both the petitioner-organisation and the
respondent/UOI sought divergent remedies against the same
situation viz., wherein the affidavit filed by the candidate
stating the information given as correct but the particulars of
the same are left blank. The petitioner-organisation is
seeking for rejection of nomination paper in such a situation
whereas the Union of India is pleading for treating it at par
with filing false affidavit and to prosecute the candidate
8
Page 9
under Section 125A of the Representation of the People Act,
1951 (in short ‘the RP Act’).
13) In order to appreciate the issue involved, it is desirable
to refer the relevant provisions of the RP Act. Sections 33A,
36 and 125A of the RP Act read as under:
“33A. Right to information.—(1) A candidate shall, apart from any information which he is required to furnish, under this Act or the rules made thereunder, in his nomination paper delivered under sub-section (1) of section 33, also furnish the information as to whether – (i) he is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction; (ii) he has been convicted of an offence [other
than any offence referred to in sub-section (1) or sub- section (2), or covered in sub-section (3), of section 8] and sentenced to imprisonment for one year or more.
(2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under sub-section (1) of section 33, also deliver to him an affidavit sworn by the candidate in a prescribed form veryfying the information specified in sub-section (1). (3) The returning officer shall, as soon as may be after the furnishing of information to him under sub- section (1), display the aforesaid information by affixing a copy of the affidavit, delivered under sub- section (2), at a conspicuous place at his office for the information of the electors relating to a constituency for which the nomination paper is delivered. 36. Scrutiny of nomination.—(1) On the date fixed for the scrutiny of nominations under section 30, the
9
Page 10
candidates, their election agents, one proposer of each candidate, and one other person duly authorized in writing by each candidate, but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33. (2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds:— (a) that on the date fixed for the scrutiny of nominations the candidate either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely: Articles 84, 102, 173 and 191,
Part II of this Act, and sections 4 and 14 of the Government of Union Territories Act, 1963 (20 of 1963); or (b) that there has been a failure to comply with any of the provisions of section 33 or section 34 ; or (c) that the signature of the candidate or the proposer on the nomination paper is not genuine. (3) Nothing contained in clause (b) or clause (c) of sub-section (2) shall be deemed to authorize the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed. (4) The returning officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character. (5) The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 30 and shall not allow any adjournment of the proceedings except when such proceedings are
10
Page 11
interrupted or obstructed by riot or open violence or by causes beyond his control: Provided that in case an objection is raised by the returning officer or is made by any other person the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned. (6) The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement, of his reasons for such rejection. (7) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950). (8) Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it to his notice board.
125A. Penalty for filing false affidavit, etc.—A candidate who himself or through his proposer, with intent to be elected in an election,- (i) fails to furnish information relating to sub-section (1) of section 33A; or (ii) gives false information which he knows or has reason to believe to be false; or (iii) conceals any information, in his nomination paper delivered under sub-section (1) of section 33 or in his affidavit which is required to be delivered under sub-section (2) of section 33A, as the case may be, shall, notwithstanding anything contained in any other law for the time being in force, be
11
Page 12
punishable with imprisonment for a term which may extend to six months, or with fine, or with both.”
14) In view of the above, the power to reject the
nomination paper by the Returning Officer on the instance of
candidate filing the affidavit with particulars left blank can
be derived from the reasoning of a three-Judge Bench of this
Court in Shaligram Shrivastava vs. Naresh Singh Patel
(2003) 2 SCC 176. In the aforesaid case, the nomination
paper of a candidate got rejected at the time of scrutiny
under Section 36(2) of the RP Act on the ground that he had
not filled up the proforma prescribed by the Election
Commission wherein the candidate was required to state
whether he had been convicted or not for any offence
mentioned in Section 8 of the RP Act. In actual, the
candidate therein had filed an affidavit stating that the
information given in the proforma was correct but the
proforma itself was left blank. The candidate therein
coincidentally raised somewhat similar contention as
pleaded by the Union of India in the present case. The
candidate pleaded that his nomination paper could not be
rejected on the ground that he had not filled up the proforma
12
Page 13
prescribed since no such proforma was statutorily provided
under the provisions of the Act or under the rules framed
thereunder. It was contended that the Commission could not
legislate to prescribe a proforma; at best it can only be an
executive instruction of the Election Commission whereas
the petitioner had filled the proforma prescribed under the
Rules, which did not suffer from any defect.
15) Although, the grounds of contention may not be exactly
similar to the case on hand but the reasoning rendered in
that verdict will come in aid for arriving at a decision in the
given case. In order to arrive at a conclusion in that case,
this Court traversed through the objective behind filing the
proforma. The proforma mandated in that case was required
to be filed as to the necessary and relevant information with
regard to the candidate in the light of Section 8 of the RP
Act. This Court further held that at the time of scrutiny, the
Returning Officer is entitled to satisfy himself whether the
candidate is qualified and not disqualified, hence, the
Returning Officer was authorized to seek such information to
be furnished at the time or before scrutiny. It was further
13
Page 14
held that if the candidate fails to furnish such information
and also absents himself at the time of the scrutiny of the
nomination papers, then he is obviously avoiding a statutory
inquiry being conducted by the Returning Officer under
Section 36(2) of the RP Act relating to his being not qualified
or disqualified in the light of Section 8 of the RP Act. It is
bound to result in defect of a substantial character in the
nomination. This Court further held as under:-
“17. In the case in hand the candidate had failed to furnish such information as sought on the pro forma given to him and had also failed to be present personally or through his representative at the time of scrutiny. The statutory duty/power of Returning Officer for holding proper scrutiny of nomination paper was rendered nugatory. No scrutiny of the nomination paper could be made under Section 36(2) of the Act in the light of Section 8 of the Act. It certainly rendered the nomination paper suffering from defect of substantial character and the Returning Officer was within his rights in rejecting the same.”
16) It is clear that the Returning Officers derive the power
to reject the nomination papers on the ground that the
contents to be filled in the affidavits are essential to
effectuate the intent of the provisions of the RP Act and as a
consequence, leaving the affidavit blank will in fact make it
impossible for the Returning Officer to verify whether the
14
Page 15
candidate is qualified or disqualified which indeed will
frustrate the object behind filing the same. In concise, this
Court in Shaligram (supra) evaluated the purpose behind
filing the proforma for advancing latitude to the Returning
Officers to reject the nomination papers.
17) In the light of the above reasoning, now let us assess
the facts of the given case. In Association for Democratic
Reforms (supra), this Court arrived at a decision that the
members of a democratic society should be sufficiently
informed so that they may influence intelligently the
decisions which may affect themselves and it would include
their decision of casting votes in favour of a particular
candidate. This Court further held that if there was a
disclosure by a candidate with regard to his criminal
antecedents, assets and liabilities and educational
qualification, then it would strengthen the voters in taking
appropriate decision of casting their votes. This Court further
stated as under:-
“38. If right to telecast and right to view to sport games and right to impart such information is considered to be
15
Page 16
part and parcel of Article 19(1)(a), we fail to understand why the right of a citizen/voter - a little man - to know about the antecedents of his candidate cannot be held to be a fundamental right under Article 19(1)(a). In our view, democracy cannot survive without free and fair election, without free and fairly informed voters. Votes cast by uninformed voters in favour of X or Y candidate would be meaningless. As stated in the aforesaid passage, one-sided information, disinformation, misinformation and non-information, all equally create an uninformed citizenry, which makes democracy a farce. Therefore, casting of vote by a misinformed and non-informed voter or a voter having one-sided information only is bound to affect the democracy seriously. Freedom of speech and expression includes right to impart and receive information, which includes freedom to hold opinions. Entertainment is implied in freedom of 'speech and expression' and there is no reason to hold that freedom of speech and expression would not cover right to get material information with regard to a candidate who is contesting election for a post which is of utmost importance in the democracy.
46. …4. To maintain the purity of elections and in particular to bring transparency in the process of election, the Commission can ask the candidates about the expenditure incurred by the political parties and this transparency in the process of election would include transparency of a candidate who seeks election or re-election. In a democracy, the electoral process has a strategic role. The little man of this country would have basic elementary right to know full particulars of a candidate who is to represent him in Parliament where laws to bind his liberty and property may be enacted.
…7. Under our Constitution, Article 19(1)(a) provides for freedom of speech and expression. Voters's speech or expression in case of election would include casting of votes, that is to say, voter speaks out or expresses by casting vote. For this purpose, information about the candidate to be selected is a must. Voter's (little man-citizen's) right to know antecedents including criminal past of his candidate contesting election for MP or MLA is much more fundamental and basic for survival of democracy. The little man may think
16
Page 17
over before making his choice of electing law- breakers as law-makers.”
18) Thus, this Court held that a voter has the elementary
right to know full particulars of a candidate who is to
represent him in the Parliament and such right to get
information is universally recognized natural right flowing
from the concept of democracy and is an integral part of
Article 19(1)(a) of the Constitution. It was further held that
the voter's speech or expression in case of election would
include casting of votes, that is to say, voter speaks out or
expresses by casting vote. For this purpose, information
about the candidate to be selected is a must. Thus, in
unequivocal terms, it is recognized that the citizen’s right to
know of the candidate who represents him in the Parliament
will constitute an integral part of Article 19(1)(a) of the
Constitution of India and any act, which is derogative of the
fundamental rights is at the very outset ultra vires.
19) With this background, Section 33A of the RP Act was
enacted by Act 72 of 2002 with effect from 24.08.2002.
Thus, the purpose of the Act 72 of 2002 was to effectuate
17
Page 18
the right contemplated in Association for Democratic
Reforms (supra). However, the legislators did not
incorporate all the suggestions as directed by this Court in
the above case but for mandating all the candidates to
disclose the criminal antecedents under Section 33A by filing
an affidavit as prescribed along with the nomination paper
filed under Section 33(1) of the RP Act so that the citizens
must be aware of the criminal antecedents of the candidate
before they can exercise their freedom of choice by casting
of votes as guaranteed under the Constitution of India. As a
result, at present, every candidate is obligated to file an
affidavit with relevant information with regard to their
criminal antecedents, assets and liabilities and educational
qualifications.
20) Let us now test whether the filing of affidavit stating that
the information given in the affidavit is correct but leaving
the contents blank would fulfill the objective behind filing the
same. The reply to this question is a clear denial. The
ultimate purpose of filing of affidavit along with the
nomination paper is to effectuate the fundamental right of
18
Page 19
the citizen under Article 19(1)(a) of the Constitution of India.
The citizens are required to have the necessary information
at the time of filing of the nomination paper in order to make
a choice of their voting. When a candidate files an affidavit
with blank particulars, it renders the affidavit itself nugatory.
21) For that purpose, the Returning Officer can very well
compel a candidate to furnish information relevant on the
date of scrutiny. We were appraised that the Election
Commission already has a standard draft format for
reminding the candidates to file an affidavit as stipulated.
We are of the opinion that along with the above, another
clause may be inserted for reminding the candidates to fill
the blanks with the relevant information thereby conveying
the message that no affidavit with blank particulars will be
entertained. We reiterate that it is the duty of the Returning
Officer to check whatever the information required is fully
furnished at the time of filing of affidavit with the nomination
paper since such information is very vital for giving effect to
the ‘right to know’ of the citizens. If a candidate fails to fill
the blanks even after the reminder by the Returning Officer,
19
Page 20
the nomination paper is fit to be rejected. We do
comprehend that the power of Returning Officer to reject the
nomination paper must be exercised very sparingly but the
bar should not be laid so high that the justice itself is
prejudiced.
22) We also clarify to the extent that in our coherent
opinion the above power of rejection by the Returning Officer
is not barred by Para 73 of People’s Union for Civil
Liberties (PUCL) (supra) which reads as under:-
“73. While no exception can be taken to the insistence of affidavit with regard to the matters specified in the judgment in Assn for Democratic Reforms case, the direction to reject the nomination paper for furnishing wrong information or concealing material information and providing for a summary enquiry at the time of scrutiny of the nominations, cannot be justified. In the case of assets and liabilities, it would be very difficult for the Returning Officer to consider the truth or otherwise of the details furnished with reference to the 'documentary proof'. Very often, in such matters the documentary proof may not be clinching and the candidate concerned may be handicapped to rebut the allegation then and there. If sufficient time is provided, he may be able to produce proof to contradict the objector's version. It is true that the aforesaid directions issued by the Election Commission are not under challenge but at the same time prima facie it appears that the Election Commission is required to revise its instructions in the light of directions issued in Assn for Democratic Reforms case and as provided under the Representation of the People Act and its third Amendment.”
20
Page 21
23) The aforesaid paragraph, no doubt, stresses on the
importance of filing of affidavit, however, opines that the
direction to reject the nomination paper for furnishing wrong
information or concealing material information and providing
for a summary inquiry at the time of scrutiny of the
nominations cannot be justified since in such matters the
documentary proof may not be clinching and the candidate
concerned may be handicapped to rebut the allegation then
and there. This Court was of the opinion that if sufficient
time is provided, the candidate may be in a position to
produce proof to contradict the objector's version. The
object behind penning down the aforesaid reasoning is to
accommodate genuine situation where the candidate is
trapped by false allegations and is unable to rebut the
allegation within a short time. Para 73 of the aforesaid
judgment nowhere contemplates a situation where it bars
the Returning Officer to reject the nomination paper on
account of filing affidavit with particulars left blank.
Therefore, we hereby clarify that the above said paragraph
will not come in the way of the Returning Officer to reject the
21
Page 22
nomination paper if the said affidavit is filed with blank
columns. The candidate must take the minimum effort to
explicitly remark as ‘NIL’ or ‘Not Applicable’ or ‘Not known’ in
the columns and not to leave the particulars blank, if he
desires that his nomination paper be accepted by the
Returning Officer.
24) At this juncture, it is vital to refer to Section 125A of the
RP Act. As an outcome, the act of failure on the part of the
candidate to furnish relevant information, as mandated by
Section 33A of the RP Act, will result in prosecution of the
candidate. Hence, filing of affidavit with blank space will be
directly hit by Section 125A(i) of the RP Act. However, as the
nomination paper itself is rejected by the Returning officer,
we find no reason why the candidate must again be
penalized for the same act by prosecuting him/her.
25) If we accept the contention raised by Union of India,
viz., the candidate who has filed an affidavit with false
information as well as the candidate who has filed an
affidavit with particulars left blank should be treated at par,
22
Page 23
it will result in breach of fundamental right guaranteed under
Article 19(1)(a) of the Constitution, viz., ‘right to know’,
which is inclusive of freedom of speech and expression as
interpreted in Association for Democratic Reforms
(supra).
26) In succinct, if the Election Commission accepts the
nomination papers in spite of blank particulars in the
affidavits, it will directly violate the fundamental right of the
citizen to know the criminal antecedents, assets and
liabilities and educational qualification of the candidate.
Therefore, accepting affidavit with blank particulars from the
candidate will rescind the verdict in Association for
Democratic Reforms (supra). Further, the subsequent act
of prosecuting the candidate under Section 125A(i) will bear
no significance as far as the breach of fundamental right of
the citizen is concerned. For the aforesaid reasons, we are
unable to accept the contention of the Union of India.
27) What emerges from the above discussion can be summarized in the form of following directions:
23
Page 24
(i) The voter has the elementary right to know full
particulars of a candidate who is to represent him in the
Parliament/Assemblies and such right to get information is
universally recognized. Thus, it is held that right to know
about the candidate is a natural right flowing from the
concept of democracy and is an integral part of Article 19(1)
(a) of the Constitution.
(ii) The ultimate purpose of filing of affidavit along with the
nomination paper is to effectuate the fundamental right of
the citizens under Article 19(1)(a) of the Constitution of
India. The citizens are supposed to have the necessary
information at the time of filing of nomination paper and for
that purpose, the Returning Officer can very well compel a
candidate to furnish the relevant information.
(iii) Filing of affidavit with blank particulars will render the
affidavit nugatory.
(iv) It is the duty of the Returning Officer to check whether
the information required is fully furnished at the time of filing
of affidavit with the nomination paper since such information
24
Page 25
is very vital for giving effect to the ‘right to know’ of the
citizens. If a candidate fails to fill the blanks even after the
reminder by the Returning Officer, the nomination paper is
fit to be rejected. We do comprehend that the power of
Returning Officer to reject the nomination paper must be
exercised very sparingly but the bar should not be laid so
high that the justice itself is prejudiced.
(v) We clarify to the extent that Para 73 of People’s
Union for Civil Liberties case (supra) will not come in
the way of the Returning Officer to reject the nomination
paper when affidavit is filed with blank particulars.
(vi) The candidate must take the minimum effort to
explicitly remark as ‘NIL’ or ‘Not Applicable’ or ‘Not known’ in
the columns and not to leave the particulars blank.
(vii) Filing of affidavit with blanks will be directly hit by
Section 125A(i) of the RP Act However, as the nomination
paper itself is rejected by the Returning Officer, we find no
reason why the candidate must be again penalized for the
same act by prosecuting him/her.
25
Page 26
28) The Writ Petition is disposed of with the above
directions.
……….…………………………CJI. (P. SATHASIVAM)
………….…………………………J. (RANJANA PRAKASH
DESAI)
………….…………………………J. (RANJAN GOGOI)
NEW DELHI; SEPTEMBER 13, 2013.
26