If there is non-disclosure of a previous conviction by a candidate, a voter is deprived of making an informed and advised choice, SC said
NEW DELHI: Supreme Court on Thursday ruled that non-disclosure of conviction in a minor offence, even if overturned by higher courts, in a nomination form would lead to disqualification of an elected candidate as the law mandating revealing criminal antecedents operates in full rigour irrespective of the nature of the crime. Poonam was unseated from the municipal councillor’s post in Nagar Parishad, Bhikangaon, Madhya Pradesh, as she was convicted in a cheque bounce case and sentenced to one year imprisonment with a direction to pay compensation. She had failed to mention her conviction in the nomination form. Poonam claimed that her conviction was set aside by a higher court and hence her election could not be set aside because of a conviction that no longer existed.A bench of Justices P S Narasimha and A S Chandurkar rejected the petitioner’s plea to save her from disqualification as non-mention of conviction in a cheque bounce case, which is a not a serious crime or touches upon moral turpitude, would not materially affect the election.Writing the judgment, Justice Chandurkar said, “Once it is found that there has been non-disclosure of a previous conviction by a candidate, it creates an impediment in the free exercise of electoral right by a voter. A voter is thus deprived of making an informed and advised choice. It would be a case of suppression/non-disclosure by such a candidate, which renders the election void.”The bench said non-furnishing of information pertaining to criminal antecedents has the effect of causing undue influence, which creates an impediment in the free exercise of electoral right by a voter. The court said it was clear that by failing to disclose her conviction under Section 138 of the Negotiable Instruments Act, 1881, the petitioner suppressed material information and thus failed to comply with the mandatory requirements of Rule 24-A (1) of the Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994.”Acceptance of her nomination form has therefore been rightly held to be improper. She being the returned candidate, her election was rendered void. It is thus obvious that on account of such wrongful acceptance of her nomination form, the election was materially affected,” it said, while noting that Poonam had contested the bypoll for the councillor post, which fell vacant because of her disqualification, and lost.
