"Whether It Is required To Disclose The PAN Account Details Of Spouse In Election Affidavit"? Supreme Court To Examine In Kanimozhi's Plea

Supreme Court has on Wednesday observed that it understood DMK leader Kanimozhi Karunanidhi's submission that she was only required to disclose her Husband's nationality and not if he holds a PAN account, in her election affidavit . 

"We understand what you are saying, that its not a requirement at all. The only requirement is to disclose the nationality of husband and not whether he holds a PAN account or nor. We'll see that, because maybe holding an account may not have a consequence on the electoral process" the Bench observed. 

A three-judge Bench led by CJI Bobde has decided to consider the case after all the respondents are served with the pleadings. 

The Court made the observations while hearing the plea filed by Kanimozhi Karunanidhi challenging Madras High Court's refusal to dismiss election petitions filed challenging her election from Thoothukudi Lok  Sabha constituency in the 2019 general elections.

During the hearing, Senior Adv P Wilson submitted that the election petition was filed by a voter. 

"Why are you stifling the trial. Trial must be done no?" the Bench asked

"No we are not stopping the trial. Out of 38 respondents, 32 respondents have been served only 6 respondents have not been served." Wilson responded. 

"Then serve them" the Bench said. 

Senior Advocate P Wilson further submitted that " There is only one issue here. The petitioner says her husband is a foreign citizen & doesn't have PAN account here, and this had been disclosed by her in the election nomination form. The election petitioner says I suppressed details of PAN account. I will convince the lordships, there are lot of judgements on this aspect" 

The Bench has directed the matter to be put up after service to respondents is completed. 

Kanimozhi's plea has stated that she had clearly mentioned that her spouse does not have a PAN number, and if the respondent contends that this statement is wrong, he ought to substantiate the allegation that the statement is incorrect. Without these averments, the bald and vague statement that petitioner has not provided her spouse's PAN cannot be maintained in an election petition in light of several judgments of the Supreme Court

Supreme Court in its last hearing had ordered a stay on the proceedings. The petitions filed before the high court alleged that Kanmozhi failed to mention her husband's Permanent Account Number (PAN) in her election affidavit disclosing family assets. 

Two election petitions had been filed by a voter and a BJP leader separately challenging her election to the Lok Sabha. However, according to the DMK leader, her husband was an NRI  and he neither possessed a PAN card nor does he pay any income tax in India.