ROs authorized to reject nomination papers with incomplete information

This article was last updated on April 16, 2022

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All the candidates interested in running for the upcoming elections are required to fill in accurate details of their background without leaving any columns blank. The apex court ruled on Friday that electorates have a fundamental right of knowing about the candidates’ criminal record.

The Supreme Court has directed returning officers to reject nomination papers of candidates who do not reveal their assets and deliberately hold back information about their criminal background. Chief Justice P Sathasivam said the returning officers must pay close attention to the columns that are left blank and reject applications with minimal information.

NGO Resurgence India had filed a PIL in 2008 alleging that candidates do not provide critical information about their past and instead choose not to fill the columns on application forms. Representing the NGO, advocate Prashant Bhushan stressed that leaving any column blank directly implies that the candidate is not adhering to apex court’s judgment.

The Election Commission sided with the NGO and fully agreed that application should be completely filled and returning officers shall be given the authority to reject nomination papers on these grounds. On the other hand, center’s counsel argued that the right to contest election is a statutory one and rejection of nomination papers cannot be based on the provision of minimal information.

Earlier, the Supreme Court had ordered immediate disqualification of convicted MPs and MLAs and had barred arrested persons from contesting elections.

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