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Supreme Court: Non-Disclosure of Convictions on Nomination Papers Voids Election

The ruling protects voters' informed choice by treating suppression as disqualifying conduct.

Overview

  • A bench of Justices P S Narasimha and A S Chandurkar on November 6 dismissed Poonam's appeal and upheld her disqualification.
  • The Court held that failing to reveal a prior conviction is suppression of material information that renders the election void.
  • It ruled that the seriousness of the offence and whether the non-disclosure affected the result are irrelevant to disqualification.
  • Poonam had not disclosed a one-year conviction under Section 138 of the Negotiable Instruments Act, violating Rule 24-A(1) of the 1994 Madhya Pradesh rules.
  • Her nomination was deemed improperly accepted, her election was set aside, and a subsequent bypoll was held in which she contested and lost.