NEW DELHI: The Supreme Court has said that any holding back by an elected representative of information on the criminal antecedents and educational qualifications including their assets and liabilities, the spouse and dependent children at the time of filing nomination papers would result in their unseating.
"Once it is found that it was a case of improper acceptance, as there was misinformation or suppression of material information, one can state that question of rejection in such a case was only deferred to a later date," said a bench of Justice Surinder Singh Nijjar (since retired) and Justice A.K.Sikri in their recent judgment.
The court said that at the time of filing the nomination paper, if a candidate leaves blank any column seeking information on criminal antecedents, educational qualifications and assets and liabilities, then it would result in rejection by the returning officer at the scrutiny stage itself.
But if there is suppression of information or misinformation then it would be decided by a detailed inquiry in an election petition by the court.
Holding that when there is a suppression of information or filing of incorrect information, Justice Sikri, speaking for the bench, said that it may not be possible for the returning officer to hold a "detailed examination" of the same at the time of scrutinizing the nomination papers and "summary enquiry may not suffice".
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