SC directs to give representation before EC on plea to give relevant info about candidate's criminal antecedents

Mar 03, 2023

New Delhi [India], March 3 : The Supreme Court on Friday directed the petitioner to give representation before Election Commission with his plea seeking the candidate's criminal antecedents, assets and liabilities and educational qualifications.
The court said that the petitioner is at liberty to file a representation with the election commission.
With this direction, a bench headed by Chief Justice of India DY Chandrachud disposed of the plea filed by doctor Adwaita Gahlot Kapur and Advocate Sanjana Gahlot.
The court was hearing a petition seeking information concerning criminal antecedents and assets of contesting candidates to be made available to voters.
The plea filed by doctor Adwaita Gahlot Kapur and Advocate Sanjana Gahlot sought to make the list of contesting candidates prepared and published under section 38 of the Representation of People Act, 1951) vibrant and effective by putting the relevant information on the candidate's criminal antecedents (if any), assets and liabilities, educational qualifications.
The petition also urged to prepare and Publish the List of Contesting Candidates
with relevant information at a conspicuous place at the polling station, and to prepare the list in audio and video form and play it at the polling station.
The petitioner also sought to include Economic Offences and a history of Assets and liabilities on the Affidavit filled by Contesting Candidates.
"This petition is related to falling standards of Parliamentarians and State Legislators. The main reason for these degrading standards is that the Voters/electors/public is kept in dark about the relevant information (identified by the Apex Court in the ADR case 2002) about the candidates they are going to elect. And the solution lies in putting this relevant information (buried in affidavits) on THE LIST OF CONTESTING CANDIDATES prepared and published under Section 38 of Representation of People Act, 1951," the plea said.
The Respondent, Commission has deprived the voter of their Fundamental Right to know the relevant information about the Candidates they are going to Vote for by not publishing the relevant information on the LIST OF CONTESTING CANDIDATES prepared and published under section 38 of the Representation of People Act, 1951, the petition said.