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No. ECI/PN/24/2002 Dated : 28th June, 2002
Subject: Supreme Court’s order dated 2nd May, 2002 relating to right to information of electors regarding criminal antecedents, assets and liabilities and educational qualifications of candidates – implementation of the order.
The Hon’ble Supreme Court of India, by its order dated 2nd May, 2002 in Civil Appeal No.7178 of 2001 (Union of India v Association for Democratic reforms and another), has directed as follows: -
“The Election Commission is directed to call for information on affidavit by issuing necessary order in exercise of its power under art 324 of the Constitution of India from each candidate seeking election to Parliament or a state legislature as a necessary part of his nomination paper, furnishing therein, information on the following aspects in relation to his/her candidature: -
(1) Whether the candidate is convicted/acquitted/ discharged of any criminal offence
in the past-if any, whether he is punished with imprisonment or fine?
(2) Prior to six months of filing of nomination, whether the candidate is accused in
any pending case, of any offence punishable with imprisonment for two years or more, and in which charge is framed or cognizance is taken by the court of law. If so, the details thereof.
(3) The assets (immovable, movable, bank balances etc) of a candidate and of his/her
spouse and that of dependants.
(4) Liabilities, if any, particularly whether there are any over dues of any public
financial institution or government dues.
(5) The educational qualifications of the candidate.”
2. The Hon’ble Supreme Court has also observed in its aforesaid order dated 2nd
the legislation’ and has further directed that ‘the norms and modalities to carry out and give effect to the aforesaid directions should be drawn up properly by the Election Commission as early as possible and in any case within two months’.
3. The Election Commission, on detailed consideration of the matter, was of the view that the most efficacious manner of implementing the above judgment and order of the Hon’ble Supreme Court would be by amending Forms 2A to 2E appended to the Conduct of Elections Rules 1961 (forms of nomination papers to be filed at elections to Parliament and State Legislatures), and accordingly approached the Government of India in the Ministry of Law, Justice and Company Affairs by the Commission’s letter dated 14th May, 2002 for suitably amending the said forms.
4. The Government of India in the Ministry of Law, Justice and Company Affairs
has informed the Commission by its letter dated 19th June, 2002 that the matter of amending the forms of nomination papers is receiving consideration of the Government and that the Government has convened a meeting of political parties for consideration of the matter on 8th July, 2002.
5. The Commission feels duty bound to implement the above referred order dated
2nd May 2002 of the Hon’ble Supreme Court within two months from the date of pronouncement of that order, that is to say, by 1st July 2002, as the said order has the force of law within the meaning of Article 141 of the Constitution and is enforceable throughout the territory of India under Article 142 of the Constitution
6. Therefore, in pursuance of the said order dated 2nd May, 2002 of the Hon'ble
Supreme Court, the Commission has made a detailed Order on 28th June, 2002 under Article 324 of the Constitution, containing the norms and modalities to carry out and give effect to the directions of the Hon'ble Supreme Court reproduced in para 1 above. A copy of the said Order bearing No.3/ER/2002/ JS-II/Vol.III dated 28th June, 2002 is annexed hereto.
7. A perusal of the Commission’s Order will show that the Commission has
prescribed, in para 14(1) of the Order, an affidavit (Annexure-1 to the said Order) which will have to be filed by each candidate at the time of filing his nomination paper for any election to the Council of States, House of the People, Legislative Assembly of a State or Legislative Council of a State. The consequences of failure on the part of the candidate to furnish the said affidavit or to furnish wrong or incomplete information or suppression of any material information have also been spelt out clearly in paras 14(3) and 14(4) of the Order. The manner of dissemination of the information furnished by the candidate in the said affidavit has also been specified in paras14(5) and 14(6) of the Order.
(C.R. BRAHMAM)
SECRETARY
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