Supreme Court Says Failure To Disclose Conviction In Nomination Form Grounds For Disqualification

The Supreme Court has ruled that failing to reveal a prior conviction while filing a nomination form will result in the disqualification of an elected candidate.

A bench comprising Justices P. S. Narasimha and A. S. Chandurkar delivered this judgment while hearing an appeal by former councillor Poonam, who lost her position after omitting details of her criminal conviction from her election nomination form.

Poonam, who served as a municipal councillor in Nagar Parishad, Bhikangaon, Madhya Pradesh, had been convicted in a cheque bounce case. She was sentenced to one year of imprisonment and ordered to pay compensation.

Challenging her removal from office, Poonam approached the Supreme Court, seeking protection from disqualification. However, the bench rejected her plea, stressing the importance of transparency in the electoral process.

“Once it is found that there has been non-disclosure of a previous conviction by a candidate, it creates an impediment in the free exercise of electoral right by a voter,” the bench observed. “A voter is thus deprived of making an informed and advised choice. It would be a case of suppression/non-disclosure by such a candidate, which renders the election void,” the court stated.

With this ruling, the Supreme Court reaffirmed that honesty and full disclosure in nomination papers are essential for maintaining the integrity of the democratic process.

With PTI inputs