The Supreme Court has clarified that the provisions of the Representation of the People Act, 1951 (RPA), cannot be applied to elections held for municipal bodies, as the law is specifically meant to govern elections to Parliament and State Legislatures.
The ruling came in a case involving a woman candidate who contested the 2015 municipal elections in Gujarat. She was accused of failing to disclose certain immovable properties owned by her husband in the election affidavit submitted during the nomination process. Based on the alleged omission, criminal proceedings were initiated against her under Section 125A of the RPA, which deals with false declarations in election affidavits.
Examining the issue, the Supreme Court observed that the RPA defines “election” only in the context of parliamentary and assembly elections. Since municipal elections are conducted under separate state laws, the Court held that the penal provisions of the RPA cannot be invoked in such cases.
At the same time, the Bench made it clear that candidates contesting local body elections remain legally accountable for making truthful disclosures. If a candidate furnishes false information or suppresses material facts, prosecution may still be possible under other applicable criminal laws where the relevant municipal legislation does not contain specific penal provisions.
The Court also addressed the issue of procedural error, noting that the Magistrate had taken cognizance under an incorrect statutory provision. It held that such a mistake does not automatically invalidate the proceedings if the court otherwise has jurisdiction to hear the matter and no prejudice has been caused to the accused.
On the question of asset disclosure, the Court rejected the contention that only jointly owned properties must be declared. It held that the prescribed affidavit format requires candidates to disclose assets belonging to themselves, their spouses and dependants, including properties exclusively owned by the spouse.
Setting aside the order taking cognizance under the Representation of the People Act, the Supreme Court remitted the matter to the Magistrate for reconsideration under the appropriate legal provisions. The Bench clarified that it had expressed no opinion on the merits of the allegations, leaving all factual and legal issues open for adjudication in accordance with law.
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