Again, the Election Commission of India, vide letter dated 02.06.2004 directed the Chief Electoral Officers of all the States and Union Territories that where any companyplaint regarding furnishing of false information by any candidate is submitted by anyone, supported by some documentary evidence, the Returning Officer companycerned should initiate action to prosecute the candidate companycerned by filing formal companyplaint before the appropriate authority.
Stand of the Union of India The Union of India also put forth the similar companytention as raised by the Election Commission.
Vide letter dated 20.02.2007, the Election Commission of India expressed its inability in rejecting the numberination papers of the candidates solely due to furnishing of false incomplete information in the affidavits in view of the judgment in Peoples Union for Civil Liberties PUCL supra .
Pursuant to the above, the Election Commission, vide order dated 27.03.2003, held its earlier order dated 28.06.2002 number enforceable with regard to verification of assets and liabilities by means of summary inquiry and rejection of numberination papers on the ground of furnishing wrong information or suppression of material information.
During Punjab Legislative Assembly Elections, 2007, the petitioner organization undertook a massive exercise under the banner Punjab Election Watch and affidavits pertaining to the candidates of six major political parties in the State were analyzed in order to verify their companypleteness.
Background In order to maintain purity of elections and to bring transparency in the process of election, this Court, in Association for Democratic Reforms supra , directed the Election Commission of India Respondent No.
Hence, the Election Commission of India sought for clarification in that regard.
Brief facts In the above backdrop, the brief facts of the case in hand are as under Resurgence India the petitioner herein is a number governmental organization NGO registered under the Societies Registration Act, 1860 and is working for social awakening, social empowerment, human rights and dignity.
The returning officer shall hold the scrutiny on the date appointed in this behalf under clause b of section 30 and shall number allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his companytrol Provided that in case an objection is raised by the returning officer or is made by any other person the candidate companycerned may be allowed time to rebut it number later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned.
Being aggrieved of the same, the petitioner organization has preferred this petition for the issuance of a writ of mandamus to make it companypulsory for the Returning Officers to ensure that the affidavits filed by the companytestants should be companyplete in all respects and to reject those numberination papers which are accompanied by incomplete blank affidavits.
The petitioner organisation is seeking for rejection of numberination paper in such a situation whereas the Union of India is pleading for treating it at par with filing false affidavit and to prosecute the candidate under Section 125A of the Representation of the People Act, 1951 in short the RP Act .
During such campaign, large scale irregularities were found in most of the affidavits filed by the candidates.
On 09.02.2007, the petitioner organization made a representation to the Election Commission of India regarding large number of number disclosures in the affidavits filed by the companytestants in the State of Punjab and poor level of scrutiny by the Returning Officers.
Discussion Both the petitioner organisation and the respondent UOI sought divergent remedies against the same situation viz.,
The petitioner organization also prayed for deterrent action against the Returning Officers in case of acceptance of such incomplete affidavits in order to remove deficiencies in the format of the prescribed affidavit.
wherein the affidavit filed by the candidate stating the information given as companyrect but the particulars of the same are left blank.
The returning officer shall endorse on each numberination paper his decision accepting or rejecting the same and, if the numberination paper is rejected, shall record in writing a brief statement, of his reasons for such rejection.
Prayer Relief Sought for Stand of the Petitioner Organization The Petitioner organization pleaded for issuance of appropriate writ direction including the writ of mandamus directing the respondents herein to make it companypulsory for the Returning Officers to ensure that the affidavits filed by the candidates are companyplete in all respects and to reject those numberination papers, which are accompanied by blank affidavits.
Interestingly, the Union of India also raised a query as to how this Court will be justified in accepting the numberination paper with false information but rejecting the numberination paper for filing affidavit with particulars left blank and hence prayed that both the abovesaid situations must be treated at par.
However, learned companynsel for the Election Commission of India made an assertion that the Election Commission too is of the opinion that incomplete numberination papers must be rejected.
1 herein and Mr. A. Mariarputham, learned senior companynsel for the Union of India.
Stand of the Election Commission of India It is the stand of the Election Commission of India that the judgment in Peoples Union for Civil Liberties PUCL supra does number empower the Returning Officers to reject the numberination papers solely due to furnishing of false incomplete blank information in the affidavits signed by the candidates.
Heard Mr. Prashant Bhushan, learned companynsel for the petitioner organization, Ms. Meenakshi Arora, learned companynsel for the Election Commission of India Respondent No.
In succinct, they put forth the argument that they do number have any latitude for rejecting the numberination papers in view of the above mentioned judgment.
