Provide Form For Candidates To Disclose Pending Criminal Cases During Nomination Process: Karnataka High Court To State Election Commission
Live LawThe Karnataka High Court has directed the State Election Commission and other Agencies associated with the election process to implement directions given by the Apex Court pertaining to providing a form in which the contesting candidates are to declare their involvement in pending criminal cases, if any. The petitioner's election had been annulled by the Election Tribunal on the ground that he had failed to disclose pending criminal cases against him, and such annulment was upheld by a single bench of the High Court. This direction we are issuing so that purity in politics in general and purity in election process in particular is achieved.” The Bench further took note of the Apex Court's judgment in the case of Public Interest Foundation vs Union of India wherein it had directed as follows: Each contesting candidate shall fill up the form as provided by the Election Commission and the form must contain all the particulars as required therein. Upon hearing the parties, the bench dismissed the appeal on the grounds of maintainability and held: “The challenge to the order of the Election Tribunal was by invoking Article 227 of the Constitution of India, which vests a limited supervisory jurisdiction in the High Court, the other provision namely Article 226 having been ornamentally mentioned in the pleadings of the appellant herein who was the writ petitioner.