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Kisan Shankar Kathore v. Arun Dattatray Sawant

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4261 of 2007)Decided 9 May 2014
Civil Appeal No. 4261 of 2007
Justice S.S. Nijjar · Justice A.K. Sikri

Background

A voter challenged the election of a Maharashtra assembly candidate for omissions in the affidavit accompanying his nomination. The omitted information included his wife's house and vehicle, his interest in a partnership and certain outstanding dues. The High Court set aside the election, and the candidate argued that he had substantially complied with disclosure requirements.

Decision Breakdown

The Court dismissed the appeal and upheld the invalidation of the election. Omitting the wife's assets and the partnership interest was a substantial failure, and the explanations offered did not establish adequate disclosure. The disputed electricity and municipal dues were treated more leniently on these particular facts, without creating a general exemption for disputed liabilities. Voters' right to know required meaningful and complete information. Although a returning officer may lack time for a detailed investigation, an election petition can later establish material suppression and improper acceptance of the nomination.

Lesson Learnt

Candidates must disclose the specified financial information about themselves and their families accurately. Acceptance of a nomination at initial scrutiny does not protect an elected candidate from a later proven challenge based on material suppression.

Official source (sci.gov.in)View Judgment (PDF)

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