In a significant ruling on Monday, the Supreme Court of India bench comprising Justices S Ravindra Bhat and Aravind Kumar reiterated the voter's right to have complete information about a candidate's background before exercising their franchise.
The court emphasized that this right to transparency is crucial for the democratic process and should be recognized as a fundamental right.
The ruling came in response to an appeal filed by Lok Sabha MP Bhim Rao Baswant Rao Patil challenging a High Court order that refused to reject an election petition against him. The petition was filed by Congress leader K Madan Mohan Rao, who had lost the 2019 Lok Sabha elections from Zaheerabad constituency to Patil. Rao accused Patil of providing false information in his election affidavit, particularly regarding the non-disclosure of certain criminal cases filed against him.
The bench while delivering the judgment, highlighted the importance of an informed voter making a choice in a democracy. The bench expressed that the right to vote is a precious outcome of the struggle for freedom and self-governance, making democracy an essential feature of the Constitution. Despite this, the court noted that the right to vote has not yet been constitutionally recognized as a Fundamental Right but is treated as a statutory right.
The Supreme Court firmly dismissed Patil's plea and upheld the High Court's decision, emphasizing that voters have the right to know the full background of candidates. The court further stated that the determination of the impact of non-disclosure of certain information should only occur after a thorough trial and not be prejudged.
Bhim Rao Baswant Rao Patil won the Lok Sabha elections from Zaheerabad on a ticket from the Bharat Rashtra Samithi (formerly TRS) in 2019 with a margin of 6,229 votes. Following his victory, Madan Mohan Rao filed an election petition, alleging false information in Patil's election affidavit and non-compliance with election guidelines.
Initially, the High Court rejected the election petition in June 2022, but after a stay order from the Supreme Court, the HC subsequently rejected Patil's application, leading him to move the apex court.
The Supreme Court's decision to uphold the voter's right to access complete candidate information is being seen as a landmark judgment, underscoring the significance of transparency in the democratic process. As the nation prepares for future elections, this ruling will serve as a precedent, ensuring that voters are empowered with the knowledge they need to make informed choices for a stronger democracy.
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