Case Note & Summary
The petitioner, Shri Rajendra Jayant Devalekar, was elected as a Councilor of the Kalyan-Dombivli Municipal Corporation in the 2015 elections. Respondent No.2, Shri Arjun Vishnu Mhatre, filed an Election Petition under Section 16 of the Maharashtra Municipal Corporations Act, 1949, challenging the election on the ground that the petitioner had failed to disclose two pending criminal cases in the affidavit filed along with his nomination form. The Civil Judge, Senior Division, Kalyan, allowed the election petition and set aside the petitioner's election. The petitioner challenged this order before the Bombay High Court under Article 227 of the Constitution. The High Court examined the provisions of Section 5A of the Act, which mandates disclosure of pending criminal cases. The court noted that the petitioner had indeed suppressed information about two criminal cases. The court held that the non-disclosure was a material defect and that the trial court had correctly set aside the election. The High Court dismissed the writ petition, upholding the trial court's order. The court emphasized that the right of voters to know about candidates' antecedents is paramount and that failure to disclose criminal cases undermines the electoral process.
Headnote
A) Election Law - Non-disclosure of Criminal Cases - Section 5A Maharashtra Municipal Corporations Act, 1949 - The petitioner, a successful candidate, failed to disclose two pending criminal cases in the affidavit accompanying his nomination. The trial court set aside his election. The High Court held that the non-disclosure was a material defect and upheld the trial court's order. (Paras 1-34) B) Election Law - Affidavit Requirements - Section 5A Maharashtra Municipal Corporations Act, 1949 - The requirement to disclose pending criminal cases is mandatory and failure to do so vitiates the election. The court reasoned that voters have a right to know about the candidate's antecedents. (Paras 15-25) C) Election Law - Corrupt Practice - Section 5A Maharashtra Municipal Corporations Act, 1949 - Non-disclosure of criminal cases does not necessarily amount to corrupt practice but is a ground for declaring the election void under Section 16 of the Act. (Paras 26-30)
Issue of Consideration
Whether the failure of the petitioner to disclose pending criminal cases in the affidavit filed along with the nomination form amounts to a corrupt practice or non-compliance with Section 5A of the Maharashtra Municipal Corporations Act, 1949, warranting setting aside of his election.
Final Decision
The High Court dismissed the writ petition and upheld the order of the Civil Judge, Senior Division, Kalyan, setting aside the election of the petitioner.
Law Points
- Election law
- Non-disclosure of criminal cases
- Affidavit requirements
- Section 5A Maharashtra Municipal Corporations Act
- 1949
- Article 227 Constitution of India
- Election petition
- Setting aside election
