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Constitutional LawSupreme Court of India

Chandrikaben Kishor Dafda v. State of Gujarat

Criminal Appeal · 2026 INSC 665Decided 1 Jul 2026
Crl.A. No.-003095-003095 - 2026 (@ SLP(Crl) No.16030 of 2025)
Justice Sanjay Karol · Justice Nongmeikapam Kotiswar Singh · Justice Anjaria

Background

A municipal councillor candidate, Chandrikaben Kishor Dafda, was accused in a private criminal complaint of failing to disclose in her 2015 election affidavit certain immovable properties standing in her husband's name, allegedly violating disclosure rules under the Gujarat Municipalities (Conduct of Elections) Rules. A Magistrate issued summons against her for an offence under the Representation of the People Act, and the Gujarat High Court declined to quash the proceedings. She appealed to the Supreme Court, arguing the RPA provision cited didn't even apply to municipal elections and that the complaint was time-barred.

Decision Breakdown

The Supreme Court held that the election affidavit rules required disclosure of property held by the candidate's spouse, rejecting the appellant's grammatical argument that only jointly-owned property needed disclosure. On the more significant legal question: that the Magistrate had wrongly taken cognizance under the Representation of the People Act, which doesn't actually apply to municipal (as opposed to parliamentary/state legislature) elections. The Court held this was a curable defect under Section 465 of the CrPC rather than a fatal jurisdictional error, since cognizance is taken of the underlying offence (filing a false affidavit) and not of a particular legal label. It remanded the matter to the Magistrate to take fresh cognizance under the correct law (likely IPC provisions) without expressing any view on the merits of the underlying allegations.

Lesson Learnt

Citing the wrong statutory section when a court takes cognizance of an offence does not automatically void the proceedings, as long as the underlying conduct is genuinely an offence under some applicable law and no real prejudice is shown, courts will treat the error as curable rather than let a technical defect derail a case at a preliminary stage.

Chandrikaben Kishor Dafda v. State of Gujarat – Legal Case Shots | LegalAware