‘Citizens can challenge false poll affidavits without ECI sanction’, says Supreme Court
The court pointed out that the possibility of such complaints being used to harass elected representatives can be duly dealt with under the existing regime.
The Supreme Court recently ruled that private individuals can file criminal complaints against elected representatives for allegedly providing false affidavits in elections, without requiring authorization from the Election Commission of India (ECI). The ruling emphasizes that courts have the authority to interpret laws, rather than the ECI.
The court held that private complaints alleging offences under Section 125-A of the Representation of the People (RoP) Act do not need to meet the strict requirements of Section 195 of the Code of Criminal Procedure (CrPC). This interpretation was challenged by Rajkumar Madki, who filed a criminal complaint against Bidar MLA Shailendra Beldale, claiming that he had provided a false residential address in his nomination papers.
The court rejected the high court's decision to dismiss Madki's complaint, stating that the ECI cannot dictate how statutory provisions should be interpreted. The court also noted that the possibility of harassment can be addressed by competent magistrates dealing with frivolous allegations in accordance with the law. Section 125-A of the RoP Act was introduced in 2002, following the Supreme Court's 2002 decision in Union of India Vs Association for Democratic Reforms, which emphasized the importance of voters having access to relevant information about candidates.
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