Candidates need not disclose every moveable property they own: SC

New Delhi: The Supreme Court on Tuesday said that candidates contesting elections are not required to disclose each and every moveable property owned by them or their dependents, unless they are of substantial value or reflect a luxurious lifestyle. The apex court issued the judgement while upholding the 2019 election of the independent MLA Karikho Kri from the Tezu Assembly constituency in Arunachal Pradesh.

The bench comprising Justices Anirudhha Bose and Sanjay Kumar set aside the order of the Gauhati High Court which had declared the election of Karikho Kri as null and void.

When the Supreme Court was considering the petition against the High Court order, defeated Congress candidate Nuney Tayang contended that Kri exercised undue influence by not disclosing three vehicles owned by Kri's wife and son while filing the nomination for contesting the election.

Finding such vehicles to be either gifted or sold before the filing of the nomination by Kri, the Court said that the vehicles could not be considered to be still owned by Kri's wife and son.

“Therefore, the non-disclosure of the three vehicles could not be held against Karikho Kri”, the Court said. The non-disclosure of vehicles cannot be held to be a corrupt practice as per Section 123(2) of the Representation of the Peoples Act 1951.

The Court rejected the respondent's contention that the voters have the right to know is absolute, therefore, Kri must have revealed all particulars.

“We are not inclined to accept the blanket proposition that the candidate is required to lay his life out threadbare for 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. In that respect, the non-disclosure of the each and every asset owned by a candidate would not amount to a defect, much less a defect of a substantial character," Justice Sanjay Kumar read out from the judgment.
(With Live Law inputs)