NEW DELHI: Any aggrieved party can directly approach the court against a false declaration in a candidate's election affidavit, rather than having to route the complaint through the concerned returning officer, the Election Commission has clarified. EC on Saturday wrote to all state chief electoral officers, conveying that with affidavits now provided in Form 26 under Section 33A of the Representation of the People's Act, "it will be no longer necessary under the Criminal Procedure Code for the returning officer to move the competent court in relation to any complaint about a false affidavit".
The EC clarification comes in the light of several complaints being received against candidates for making false disclosures in their affidavits. Most complaints have requested EC to either direct the returning officer to move court against the candidate or issue directions to the concerned magistrates to take cognizance of the false affidavits.
Making a false declaration or concealing of information in the affidavit is an offence under Section 125A if the RP Act, punishable with imprisonment up to six months, or with fine, or both.
It be recalled that the Supreme Court had in an order issued last year, ruled that a candidate's nomination papers were liable to be rejected over a blank or incomplete affidavit. The EC recently made e-filing of poll affidavits mandatory, thus ensuring that none of the columns in the affidavits could be left blank.
The new guidelines on affidavits were the reason behind BJP prime ministerial candidate Narendra Modi's declaring his marital status while filing his nominations from Vadodra and Varanasi.
In June 2004, the EC had said that if complaints are filed before the returning officer on false affidavit, he or she would prima facie satisfy himself about the merits of the complaint before approaching the competent court under Section 177 of the Indian Penal Code, read with Section 195 of the Criminal Procedure Code.
The format of the affidavit in Form 26 appended to the Conduct of Election Rules, 1961, was amended with effect from August 1, 2012, following the Supreme Court order ruling false disclosures in an affidavit as a ground for rejection of a candidate's nomination.
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