M.B.SHAH, B.P.SINGH, H.K.SEMA
Union of India – Appellant
Versus
Association For Democratic Reforms – Respondent
Based on the provided legal document, the relevance of the information about a candidate's criminal record, assets, liabilities, and educational qualifications extends beyond the election process itself and is highly pertinent post-election. The document emphasizes that transparency regarding a candidate’s background is crucial for informed voting and the integrity of democratic governance.
It highlights that voters have a fundamental right to know about the antecedents of their elected representatives, including criminal involvement and financial status, to ensure accountability and maintain public trust in elected officials. This right to information is rooted in the principles of freedom of speech and expression, which include the right to seek, receive, and impart information, and is essential for the proper functioning of democracy (!) (!) (!) (!) .
Furthermore, the document discusses that the obligation to disclose assets and criminal records is not only relevant during the election but also has implications for accountability and transparency during the tenure of elected representatives. It underscores the importance of continued transparency and the public’s right to access information about their representatives’ conduct and background even after the election, to prevent misuse of power and corruption (!) .
In summary, the legal principles and directives outlined in the document establish that such information is relevant not only in the context of voting but also for ongoing public oversight and accountability of elected officials post-election.
JUDGMENT
Shah, J.—Short but important question involved in these matters is—in a nation wedded to republican and democratic form of government, where election as a Member of Parliament or as a Member of Legislative Assembly is of utmost importance for governance of the country, whether, before casting votes, voters have a right to know relevant particulars of their candidates? Further connected question is—whether the High Court had jurisdiction to issue directions, as stated below, in a writ petition filed under Article 226 of the Constitution of India?
2. Before dealing with the aforesaid questions, we would refer to the brief facts as alleged by the Petitioner-Association for Democratic Reforms in Writ Petition No. 7257 of 1999 filed before the High Court of Delhi for direction to implement the recommendations made by the Law Commission in its 170th Report and to make necessary changes under Rule 4 of the Conduct of Election Rules, 1961. It has been pointed out that Law Commission of India had, at the request of Government of India, undertaken comprehensive study of the measures required to expedite hearing of election petitions and to have a thorough review of the Representatio
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