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IN THE HIGH COURT OF JUDICATURE AT PATNA
Kishore Kumar Mandal, J.
Ganga Mishra, Advocate Civil Court, Bhabhua, son of Late Ram Sakhi Mishra -Petitioner
Versus
Chhedi Paswan, son of late Ram Chandra Paswan - Respondent
Election Petition No. 1 of 2014
Decided On : 28-07-2016
Election Petition - Representation of People Act, 1951 - Section 33A, Section 33B - The court declared the election of the respondent no. 1 as null and void for non-disclosure of criminal antecedents in the nomination paper, which violated the right of the voters to be fully informed about the contesting candidate's background.
Fact of the Case:
The petitioner filed an election petition challenging the validity of the election of the respondent no. 1 for non-disclosure of criminal antecedents in the nomination paper. The petitioner sought to set aside the election and order re-election.
Finding of the Court:
The court found that the respondent no. 1 had suppressed material facts about pending criminal cases in the nomination paper, violating the right of the voters to be fully informed. The court held that the election of the respondent no. 1 was null and void due to non-compliance with the provisions of the Act and breach of constitutional rights.
Issues: The court framed and considered several issues, including the maintainability of the election petition, non-compliance with mandatory provisions of the Act, and the necessity of disclosing criminal cases in the nomination paper.
Ratio Decidendi: The court held that the respondent no. 1's non-disclosure of criminal antecedents in the nomination paper violated the right of the voters to be fully informed, constituting undue influence and corrupt practice. The court also emphasized the importance of complying with the directions of the Supreme Court and the Election Commission of India regarding disclosure of criminal antecedents.
Final Decision: The court declared the election of the respondent no. 1 as null and void for non-disclosure of criminal antecedents, thereby setting aside the election.
Kishore Kumar Mandal, J.
The petitioner is an elector from 34 Sasaram (SC) Parliamentary Constituency for which election was held on 10.04.2014 and the result was declared on 16.05.2014. He has filed the election petition under the relevant provisions of the Representation of People Act, 1951 (hereinafter referred to as 'the Act') questioning the validity of the election of the respondent no. 1 who was declared elected at the said parliamentary election having polled the highest number of valid votes. On grant of the said relief, a further prayer is made to order re-election to elect new Member of Parliament from the said constituency in accordance with law.
2. The schedule of the election for 34 Sasaram (SC) Parliamentary Constituency held in 2014 is set out herein-below:-
(i) Last date for filing the nomination paper : 20th March, 2014.
(ii) Date of presentation of Nomination Paper by the Returned Candidate Shri Chhedi Paswan : 18th March, 2014.
(iii) Date of scrutiny of Nomination Paper : 22nd March, 2014.
(iv) Date of withdrawal of the candidature : 25th March, 2014.
(v) Date of declaration of Result 16th May, 2014.
3. The Respondent no. 1 contested the election on being nominated by the Bhartiya Janta Party (BJP). Altogether 11 candidates contested the election. It is stated that being a voter of 34 Sasaram (SC) Parliamentary Constituency, he has a right under Article 19(1)(a) of the Constitution to know about the contesting candidates including his/their criminal antecedents. It is much more fundamental and basic for survival of a vibrant democracy. A well informed voter can vote judiciously and elect the law maker. By various judgments, the Apex Court has emphasised the legal right of the elector/voter like the petitioner. Any candidate contesting election is required to furnish details regarding his/her criminal antecedent while filing nomination paper. Part-IIIA of Form-2A as well as paragraph no. 5 of Part-A of Form 26 require detailing of pending criminal cases against the contesting candidate in which the offence is punishable with imprisonment with two years or more. However, the Returned Candidate (Respondent no. 1) suppressed the material fact that a criminal case bearing Mohania P.S. Case No. 168 of 2006 dated 08.09.2006 was pending against him in which cognizance was taken by the competent Court in the year 2007. The same was not disclosed in Clause 5(ii) of Form-26. The Returned Candidate had filed his nomination paper on 30.10.2010 to contest the assembly election from 204 Mohania Assembly Constituency and in Form 2A and Form-26, he had detailed all the criminal cases but in the election under question he purposefully suppressed his criminal antecedent by not disclosing pendency of Mohania P.S. Case No. 168 of 2006. Altogether three criminal cases were pending against the Returned Candidate. The first criminal case arose out of Mohania P.S. Case No. 168 of 2006 under Sections 143, 145, 283 and 290 of the Indian Penal Code out of which punishment under Section 145 IPC is two years. In the aforesaid case, charge-sheet had already been filed on 20.02.2007 whereupon cognizance was taken by the learned Chief Judicial Magistrate, Bhabhua in 2007 and the case is pending for final adjudication in the Court of learned S.D.J.M., Bhabhua. In the said case, the Returned Candidate had surrendered on 19.02.2010 and was released on bail on furnishing bond as directed by the Court. The said case is fixed up for attendance. The said case was lodged by the Officer-in-charge of the Police Station against the Returned Candidate and others named and unknown accuses alleging that Respondent no. 1 along with 60-70 supporters constituting a mob in the afternoon of 08.09.2006 at about 4.30 p.m. sat on the middle of the road and blocked N.H.-2 (G.T. Road) resulting in complete blockage. Even on instruction by the Police, the accuseds did not disperse and remained static creating public nuisance. The mob was doing so to compel the G
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