《The bench (comprising Justice J. Chelameswar and S. Abdul Nazeer) has granted the prayer of the petitioner to direct necessary amendments to Form 26 of Rule 4A of the Conduct of Elections Rules of 1961 so as to require candidates to declare on affidavit theirs as well as their associates’ sources of income. .. The bench also ordered an investigation/inquiry into the disproportionate increase in the assets of MPs/MLAs/MLCs named in the list annexed to the petition as well as the establishment of a permanent mechanism to investigate other legislators whose assets have increased by more than 100% by the next election.
The prayer of the petitioner seeking a direction that non disclosure of assets and the sources of income by candidates, their dependents and associates shall amount to ‘undue influence’ for the purpose of Section 123(2) of the Act of 1988 and that the election of such a candidate can be declared null and void under Section 100(1)(b) of the Act of 1951 has also been allowed], with the bench relying on the judgment in Krishnamoorthy Case [(2015) 3 SCC 467].》 (Source: 'Landmark Judgment On Electoral Reforms [Lok Prahari Vs UOI]- An Explainer' by Mehal Jain, Feb. 16 2018 at < http://www.livelaw.in/landmark-judgment-electoral-reforms-lok-prahari-vs-uoi-explainer/ >. The (complete) text of the judgement is available therein.) ***So: I. Candidates, henceforth, will have to "declare on affidavit theirs as well as their associates’ sources of income." II. Non-disclosure would be be considered as "corrupt practice" leading to nullification of the election of such an aberrant candiadate.*** The Court has, however, declined to order any inquiry/investigation into the disproportionate increase in the assets of MPs/MLAs/MLCs named by the petitioner in absence of a permanent, and general, mechanism to investigate other legislators as well. ***Contrary to what has been contended in the report cited above.*** (Ref.: Sec. 62 of the said judgement, at p. 52/56.) Sukla -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
