Karnataka HC: Electoral candidates must reveal about legal cases filed against them, regardless of whether they were acquitted or if the case was dismissed.

In Mudiyappa vs. Basavaraj @ Basappa & Others, the Karnataka High Court held that whenever a candidate submits nomination forms, they are required to disclose any criminal cases filed against them, regardless of whether they were acquitted or if the case was dismissed. Irrespective of the impact of the disclosure on the election, all details of the particular candidate must be available for the electorate to decide.

The single-judge bench comprising of Justice Suraj Govindaraj was hearing a petition against the trial court order that set aside his election to gram panchayat for failure to disclose an acquittal. The counsel for the appellant argued that such disclosure is only in cases of convictions and not in cases of acquittals since acquittals absolve all liability. However, the counsel for the respondents argues that all criminal proceedings must be declared, irrespective of the final status.

Hearing both sides, the court listed the following issues that need to be considered.

On the issue of disclosure of criminal proceedings in cases of acquittal, the court held that the mere fact of filing a complaint and starting criminal proceedings is enough for a candidate to mention it in their nomination form. On the issue of the election being declared void, non-disclosure of relevant details amounted to suppression since the electorate had the right to know all criminal antecedents. Accordingly, the election is declared void.

On election being materially affected, the court relied on the apex court judgement in Democratic Union of India vs. Association for Democratic Reforms and another with Peoples Union for Civil Liberties and another vs. Union of India and another, wherein the Apex Court has imposed a duty of disclosure on each and every candidate along with nomination form filed. It is the duty of the candidate to disclose all material facts irrespective of whether such disclosures materially affect the result of the election.

Since this is a case of non-disclosure, the High Court did not find fault with the order of the Trial court. Accordingly, the petition is dismissed.