Sunday, September 10, 2017

SC notice to ECI over election nomination proof

The Supreme Court on Friday issued notice to the Election Commission of India (ECI) over an appeal demanding that poll candidates submit proof of their claims and qualifications at the time of filing nomination affidavit.

A three-judge bench headed by the Chief Justice of India has issued the notice. Advocate K R Koshti moved the apex court after Gujarat high court rejected the lawyer's PIL filed earlier this year. He has been urging for directions for making it mandatory for all candidates to provide documentary evidence for their claims regarding qualification as mentioned in affidavit to be filed with nomination papers. He cited a couple of instances where the information furnished by the candidates was proved wrong.

After hearing the PIL, the high court dismissed it on the ground that existent provisions to put a check in this regard already exist in the Representation of the Peoples Act. By invoking powers of this Act action can be taken against a candidate for furnishing false information, and hence there is no need to issue direction to the authorities in this regard.

Turning down the PIL in July, the HC had said, "From the provisions contained in Section 125A of the Representation of the Peoples Act, it is clear that if a candidate fails to furnish information required under the Act, or gives false information, which he knows or has reason to believe to be false or conceals any information in his nomination paper or in his affidavit, he shall be punished with imprisonment for a term which may extend to six months, or with fine, or both."

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