RAVI NAMBOOTHIRI Vs. K.A. BAIJU AND OTHERS

JUDGEMENT

(1.) The five-judge Constitution Bench of the Hon'ble Supreme Court expressed anxiety at the increasing criminalization of politics; but left the matter to be addressed by the Parliament. It is also observed that time has come that the Parliament must make law to ensure that persons facing serious criminal cases do not enter into the political stream. While issuing directions, the Hon'ble Apex Court directed that each contesting candidate shall fill up the form as provided by the Election Commission and the form must contain all the particulars as required therein. The question to be considered in this case is that if there is non-compliance by not including the fact and details of a criminal case where the sentence of fine is only Rs. 200/-, what will be the consequence.

(2.) The petitioner herein is the elected candidate of Ward No.5 of Annamanada Grama Panchayath in the election held on 5.11.2015. It can be further seen that the petitioner as well as the defeated first respondent herein have obtained equal votes and the petitioner herein was declared as elected by way of lot. The first respondent filed the election petition alleging various grounds. One of the grounds highlighted is that the petitioner herein was an accused in a criminal offence and was convicted and that fact was suppressed in Form 2A declaration. After trial, the said petition was dismissed. The defeated candidate who is the first respondent herein challenged the order of the trial court in an appeal. The appeal was allowed. Hence this civil revision petition.

(3.) The appeal was allowed and the election of the petitioner herein from Ward No.5 of Annamanada Grama Panchayath was declared as void on the ground that the first respondent has committed corrupt practice by suppressing the details of the criminal case from his nomination paper.