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2000 Supreme(Del) 933

High Court Of Delhi
ASSOCIATION FOR DEMOCRATIC REFORMS - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 7257 of 1999
Decided On : 11/02/2000

Advocates Appeared:
A.K.NIGAM, K.K.Sud, KAMINI JAISWAL, P.R.Chopra, S.K.MENDIRATTA, SVANYA AIYER, U.Hazarika

Headnote:Constitution of India - Articles 226, 14, 19 & 21 — Writ Petition seeking directions to Election Commission to put together information on criminality of all candidates for an election and to make this information available to public and print and electronic media for wide dissemination — Information plays significant role in every walk of life — A decision without taking into consideration relevant material is no decision in the eye of law — Elector must be posted relevant information — Direction given to Election Commission to work out the modalities to this effect.

Anil Dev Singh

( 1 ) INFORMATION is a many splendoured virtue. It is the key to power, fortune, science and technology and even steadfast democracy. Its potential when channelised is capable of banishing ignorance, poverty, hunger and want. It plays significant role in every walk and sphere of life, including the field of politics and democracy. It can transform democratic institutions and the governance of the country.

( 2 ) IN this petition the petitioner inter alia seeks an informed right of voting for the voters of this country based on information and knowledge about candidates seeking election to Parliament and State Legislatures. The prayer in this regard of the petitioner is as follows: -

"iv) Issue an appropriate writ, order or direction directing Respondent No. 2 to put together the information on criminality of all the candidates for an election and make this information available to public, and print and electronic media for wide dissemination. "

( 3 ) BESIDES, the petitioner seeks a direction to the first respondent to amend the provisions of the Representation of the People Act, 1951, in consonance with the recommendations of the Law Commission contained in its 170th Report. At this stage it will be convenient to set out the recommendations of the Law Commission:-

"xxxxxxx. 6. 3. 3. In order to achieve the aforesaid objectives, it is essential to insert a new Section 4-A after the existing Section 4 of the Representation of the People Act, 1951, as follows: - "4-A. Qualification for membership of the House of the People, the Council of States, Legislature Assembly of a State or Legislative Council A person shall not be qualified to file his nomination for contesting any election for a seat in the House of the People, the Council of States, Legislative Assembly or Legislative Council of a State unless he or she files - (a) a decoration of all his assets (movable/immovable) possessed by him/her, his/her spouse and dependent relations, duly supported by an affidavit, and (b) a declaration as to whether any charge in respect of any offence referred to in Section 8b has been framed against him by any Criminal Court. 6. 3. 3. 1 The consequential changes will be required to be carried out in Forms 2a to 2e prescribed by the Conduct of Election Rules, 1996 to bring these in conformity with the amendments recommended in the Representation of the People Act, 1951. Accordingly, it is recommended that following clauses be inserted as clauses (d) and (e) in forms 2a to 2e. consequently, the existing clause (d) therein shall be designated as clause (f): (e) that the statement of assets enclosed to this nomination paper represents the true and correct statement of all the assets, movable and immovable, held/owned by me, my spouse and dependent relations. An affidavit affirming the correctness of the said statement is also appended to this nomination paper. (f) that no criminal court has framed a charge against me in respect of any of the offences mentioned in Section 8-B of the Act and that no trial in respect of charges of the said offences is pending, or that a charge has been framed against me by the Court of ------- in the case No.--------- on ------- (date) in respect of offence (s) punishable under Sections ------- mentioned in Section 8-B and trial is pending against me, or that though charge was framed against me by the Court of in the case No.------- on -------- (date) in respect of offence (s) punishable under Sections ------- mentioned in Section 8-B, I have since been acquitted of the said charge by order (date) (copy enclosed ). Moreover, the words "that I am contesting this election as an independent candidate" in forms 2a and 2b should be deleted. xx xx xx

( 4 ) THE petition also seeks a direction to make it mandatory for every candidate to provide the relevant information by amending Form 2a to 2e prescribed by Conduct of Election Rules, 1961, relating to filing of nominations, on the lines of the amendments sugge















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