Supreme Court Voids Election Over Non-Disclosure of Criminal Conviction

Failure to disclose past conviction under Negotiable Instruments Act leads to Councillor's election being declared null and void by Supreme Court of India.

In a landmark decision, the Supreme Court of India has declared the election of Poonam, a Councillor from Ward No. 5 of the Nagar Parishad, Bhikangaon, as void due to her failure to disclose a prior conviction under Section 138 of the Negotiable Instruments Act, 1881. The judgment, delivered by Justices Pamidighantam Sri Narasimha and Atul S. Chandurkar, emphasizes the mandatory nature of disclosing criminal antecedents as required by Rule 24-A of the Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994.

The case arose when Poonam's election was challenged by Dule Singh, the respondent, on the grounds that she did not disclose her conviction and one-year imprisonment sentence in the nomination affidavit, thereby misleading voters and affecting their right to make an informed choice. The trial court and the High Court had previously ruled against Poonam, declaring her election void. The Supreme Court's decision upheld these rulings, stating that non-disclosure of criminal records impedes free and fair elections and violates voters' rights under Article 19(1)(a) of the Constitution.

The Court rejected Poonam's defense that her conviction had been set aside in appeal after the election, stating that the eligibility of a candidate is determined at the time of filing the nomination. The judgment reiterates that disclosure of criminal antecedents, irrespective of the nature of the offence, is crucial for maintaining electoral integrity.

The Supreme Court's judgment underscores the importance of transparency and the electorate's right to information, setting a precedent for future election-related cases. The verdict also highlights the discretionary power of the Court under Article 136 of the Constitution, emphasizing that exceptional circumstances must be demonstrated for intervention, which were absent in Poonam's case.

Bottom Line:

Failure to disclose conviction in affidavit filed with nomination form under Rule 24-A of the Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994 amounts to suppression of material information, rendering election void.

Statutory provision(s):  

• - Section 138 of the Negotiable Instruments Act, 1881  
• - Article 19(1)(a) of the Constitution of India  
• - Article 136 of the Constitution of India  
• - Rule 24-A of the Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994  
• - Section 22(1)(d)(iii) of the Madhya Pradesh Municipalities Act, 1961

Poonam v. Dule Singh, (SC) : Law Finder Doc Id # 2804834