New Delhi, Feb 5: In a landmark judgement, the Supreme Court on Thursday ruled that if any elected representative hides information related to pending criminal case, it could lead to his or her disqualification.
The apex court said the suppression or non-disclosure of information about serious crimes by a candidate at the time of filing nomination interferes with the voters' right to make an informed choice and the election of such a candidate is liable to be set aside.
As a candidate has the special knowledge of the pending cases against him where cognizance has been taken or charges have been framed and there is non-disclosure on his part, it would amount to undue influence. Therefore, election is to be declared null and void by the election tribunal, said the apex court bench of Justice Dipak Misra and Justice P.C. Pant in their judgment Thursday.
The apex court's judgement came in a 2006 case relating to the nullification of election of a panchayat member in Coimbatore by the Madras High Court which found him guilty of not disclosing pending criminal cases against him while filing his nomination for elections.
(With agency inputs)