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Resurgence India v. Election Commission of India & Anr

Resurgence India v. Election Commission of India & Anr

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Published by: Bar & Bench on Sep 14, 2013
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09/18/2013

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REPORTABLEIN THE SUPREME COURT OF INDIACIVIL ORIGINAL JURISDICTIONWRIT PETITION (CIVIL) NO. 121 OF 2008
Resurgence India .... Petitioner (s)VersusElection Commission of India & Anr. .... Respondent(s)
 
 J U D G M E N T
P.Sathasivam, CJI.
1)This writ petition, under Article 32 of the Constitution of India, has been filed to issue specific directions to effectuatemeaningful implementation of the judgments rendered bythis Court in
Union of India
vs.
 Association for Democratic Reforms and Another 
(2002) 5 SCC 294 and
People’s Union for Civil Liberties
 
(PUCL) and Another 
vs.
Union of India & Anr.
(2003) 4 SCC 399 and also todirect the respondents herein to make it compulsory for theReturning Officers to ensure that the affidavits filed by the
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contestants are complete in all respects and to reject theaffidavits having blank particulars.
Background:
2)In order to maintain purity of elections and to bringtransparency in the process of election, this Court, in
 Association for Democratic Reforms (supra)
, directedthe Election Commission of India-Respondent No. 1 herein toissue necessary orders, in exercise of its power under Article324 of the Constitution, to call for information on affidavitfrom each candidate seeking election to the Parliament or aState Legislature as a necessary part of his nominationpaper furnishing therein information relating to hisconviction/acquittal/discharge in any criminal offence in thepast, any case pending against him of any offencepunishable with imprisonment for 2 years or more,information regarding assets (movable, immovable, bankbalance etc.) of the candidate as well as of his/her spouseand that of dependants, liability, if any, and the educationalqualification of the candidate.
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3)Pursuant to the above order, the Election Commission,vide order dated 28.06.2002, issued certain directions to thecandidates to furnish full and complete information in theform of an affidavit, duly sworn before a Magistrate of theFirst Class, with regard to the matters specified in
 Association for Democratic Reforms (supra)
. It wasalso directed that non-furnishing of the affidavit by anycandidate or furnishing of any wrong or incompleteinformation or suppression of any material information willresult in the rejection of the nomination paper, apart frominviting penal consequences under the Indian Penal Code,1860. It was further clarified that only such information shallbe considered to be wrong or incomplete or suppression of material information which is found to be a defect of substantial character by the Returning Officer in thesummary inquiry conducted by him at the time of scrutiny of nomination papers.4) In
People’s Union for Civil Liberties
 
(PUCL)(supra),
though this Court reaffirmed the aforementioneddecision but also held that the direction to reject the
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