Gujarat HC Dismisses PIL Seeking Filing Of Supporting Documents Along With Election Affidavit [Read Order]

Sufficient mechanism is provided under the Representation of People Act of 1951 for challenging the election of such candidate who has given the wrong information on affidavit and for punishing such candidate, the bench said.

The Gujarat High Court has dismissed a public interest litigation seeking a direction requiring contesting candidates in elections to submit documents in support of the averments made in the affidavit submitted at the time of filing the nomination form.

Dismissing the plea, the first bench of the high court, comprising Chief Justice R Subhash Reddy and Justice Vipul M Pancholi, observed that sufficient mechanism is provided under the Representation of People Act for challenging the election of such candidate who has given the wrong information on affidavit and for punishing such candidate.

According to Khemchand Rajram Koshti, who appeared in person before the high court, if the averments are supported by the documentary evidence, then the same would lead transparency in democratic process and voter would get better and proper knowledge about the person in whose favour he/she is going to cast his/her vote.

The bench, rejected his plea, relying on Association For Democratic Reforms case, and held that in absence of any direction to submit supporting documentary evidence for the averments made in such affidavit by the Supreme Court, it would not be proper for the high court to give direction to the respondents to issue notification / instructions to the candidates to supply documentary evidence in support of their affidavit. “In absence of any specific provisions in the Act or the Rules for providing supporting documents in support of the averments made in the affidavit, directions asked for by the petitioner cannot be issued to the respondents,” the bench added.

The court also said the prayer seeking instructions directing the candidates concerned to provide documentary evidence in support of the averments made in the affidavit filed at the time of submission of nomination form is ill-founded.