Voters’ right to know about nominee’s assets not absolute, rules Supreme Court

Satya Prakash

New Delhi, April 9

Holding that voters’ right to know was not absolute and candidates need not disclose every moveable property owned by them, the Supreme Court on Tuesday upheld the election of an Independent MLA in Arunachal Pradesh.

“We are not inclined to accept the blanket proposition that the candidate is required to lay his life out for a threadbare examination by the electorate. His right to privacy would still survive as regards matters which are of no concern to the voter or are irrelevant to his candidature for public office,” a Bench of Justice Anirudhha Bose and Justice Sanjay Kumar said.

“In that respect, the non-disclosure of each and every asset owned by a candidate would not amount to a defect, much less a defect of a substantial character,” Justice Kumar said.

“It is not necessary that a candidate declare every item of moveable property that he or his dependent family members owns…, unless the same is of such value as to constitute a sizeable asset in itself or reflect upon his candidature in terms of his lifestyle and require to be disclosed,” the top court clarified.

Setting aside the July 17, 2023 judgment of the Itanagar Bench of the Gauhati High Court, the top court upheld the election of Independent MLA Karikho Kri from the Tezu Assembly constituency in April 2019. The high court had declared Kri’s election as “null and void” after defeated Congress candidate Nuney Tayang who alleged that Kri made false declarations in his nomination papers by not disclosing that he was in occupation of a government accommodation, namely an MLA cottage located in ‘E’ sector, Itanagar. It was alleged that Kri did not submit “No dues certificate” from the department concerned for the rent, electricity charges, water charges and telephone charges of the accommodation.

Tayang had accused Kri of exercising undue influence by not disclosing three vehicles owned by his wife and son in his papers. However, noting that the vehicles were either gifted or sold before the filing of the papers by Kri, the top court said the vehicles could not be considered to be still owned by his wife and son.

Will take up VVPAT pleas on April 16

• Three days before the seven-phase LS elections begin on April 19, the SC will take up on April 16 PILs seeking cross-verification of the votes cast in EVMs with Voter Verifiable Paper Audit Trail (VVPAT).
• A Bench led by Justice Sanjiv Khanna on Tuesday said it would consider all petitions on the contentious issue next Tuesday.