Petitioner’s claims of corrupt practices dismissed, respondent penalized for evading court summons.
In a landmark decision, the Rajasthan High Court, Jaipur Bench, presided over by Mr. Sudesh Bansal, J., dismissed an election petition challenging the election of Ritu Banawat as a Member of the Legislative Assembly (MLA) for the Bayana constituency. The petitioner, Purushottam Lal, alleged non-disclosure of assets and other inaccuracies in Banawat's nomination affidavit, claiming these amounted to corrupt practices under the Representation of the People Act, 1951.
The court meticulously reviewed the alleged discrepancies, including the non-disclosure of social media accounts, certain bank accounts, and minor valuation errors of assets, and concluded that these were not of a substantial character to affect the election's outcome. It emphasized that minor inaccuracies or non-disclosures that do not materially influence the election process cannot be grounds for nullifying an election.
Moreover, the court criticized Banawat for evading service of summons, which delayed the proceedings. As a result, a cost of Rs. 1,00,000 was imposed on her for this conduct, highlighting the court's disapproval of attempts to circumvent legal processes.
In its detailed judgment, the court upheld the sanctity of the electoral process, asserting that the will of the people, as expressed through the election results, should not be overturned on technicalities that do not significantly impact the election's integrity.
Bottom line:-
Representation of the People Act, 1951 - Election petition challenging the validity of a candidate's election on the grounds of non-disclosure of assets, liabilities, and other information in the affidavit Form-26 - Held, mere non-disclosure of certain details or minor inaccuracies that are not of substantial character and do not materially affect the election cannot be treated as corrupt practices or sufficient to nullify the election.
Statutory provision(s): Representation of The People Act, 1951 Sections 33A, 33B, 36, 80, 100, 123, Rule 4A of the Conduct of Election Rules, 1961.
Purushottam Lal v. Ritu Banawat, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2932056
