June 10,2018:
PIL has been filed in Supreme Court to direct Central Government to take appropriate steps to make false statement before the Election Commission, a `corrupt practice’ and an electoral offence with enhanced imprisonment of two years.Presently, a candidate is required to furnish an affidavit, in shape of Form 26 appended to the Conduct of Elections Rules, 1961, containing information regarding their criminal antecedents, if any, their assets, liabilities, and the educational qualification.
Section 125A of the Representation of People Act, 1951 provides for penalty for filing false affidavit but offence is punishable by up to 6 months, or with fine, or with both.
Ashwini Kumar Upadhyaya, BJP Spokesperson submitted that though filing false affidavit by candidates is an offence, as there is no follow up action by Chief Electoral officer of constituency, candidates are not punished though they mislead voters with false information.
Petitioner further added that from the year 2000 it is observed that not only Parliament and State Assembly General Election, even in by-elections; false affidavit and spurious declaration is given by the contesting candidates, which is against basic dictum of democracy and free and fair election, in spirit of Articles 14, 19 and 324 of Constitution.
The Petitioner stated that Law Commission of India in its 244th Report proposed that filing of the false affidavit should be made cognizable offence with minimum two years imprisonment.
However, Central Government did nothing in this regard till date.
Thus the Petition to direct Government of India to take apposite steps to increase punishment for filing false affidavit to two years imprisonment without the alternative clause of fine and declare it a corrupt practice and disqualify such person from contesting election.
Source PTI
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