![Landmark Judgment On Electoral Reforms [Lok Prahari Vs UOI]- An Explainer](/static/images/error.jpg)
Landmark Judgment On Electoral Reforms [Lok Prahari Vs UOI]- An Explainer
Live Law"If assets of a LEGISLATOR or his/her ASSOCIATES increase without bearing any relationship to their known sources of income, the only logical inference that can be drawn is that there is some abuse of the LEGISLATOR’s Constitutional Office", said the Bench.The Supreme Court bench of Justice J Chelameswar and Justice Abdul Nazeer on Friday pronounced judgment in a writ petition filed by NGO. Articles 38 and 39 of our Constitution declare that the State shall direct its policy towards securing that the ownership and control of material resources of the community are distributed so as to best subserve the common good and guaranteeing that the economic system does not result in the concentration of wealth and means of production to the common detriment.” "If assets of a LEGISLATOR or his/her ASSOCIATES increase without bearing any relationship to their known sources of income, the only logical inference that can be drawn is that there is some abuse of the LEGISLATOR’s Constitutional Office. This Court recorded that Section 33A fails to ensure complete compliance with the directions issued by this Court in ADR case.” As ways of amassing illegitimate income, the bench acknowledged the acts that qualify as offences under the Prevention of Corruption Act of 1988, availing of loans from public financial institutions for allegedly commercial purposes that become NPAs for the purpose of the SARFAESI Act of 2002, and procuring government contracts of high monetary value which has been dealt with under Section 9A of the Representation of People’s Act of 1951. 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 of the Act of 1988 and that the election of such a candidate can be declared null and void under Section 100 of the Act of 1951 has also been allowed, with the bench relying on the judgment in Krishnamoorthy Case.
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