Make filing false affidavit a corrupt practice, EC tells Law Ministry

Make filing false affidavit a corrupt practice, EC tells Law Ministry

News

1. The Election Commission (EC) has asked the law ministry to consider the filing of false affidavit as a corrupt practice under the electoral law.

Important facts

2. Present norms of filing affidavit

• A candidate contesting an election is required to file an affidavit called Form 26 that furnishes information on her assets, liabilities, educational qualification and criminal antecedents
• Current penalty for lying, in an affidavit filed before the EC, is imprisonment of up to six months, or fine, or both.

3. Supreme Court view on filing false affidavit

• The Supreme Court agreed in principle that filing a false affidavit in elections is a corrupt practice and should be treated seriously.
• However, it also said that it cannot direct the Parliament to include it in corrupt practices

4. Section 123 of the Representation of People Act, 1951

• Eight types of acts are considered as corrupt practices.
• Bribery, appeal on grounds of religion, race and caste, creating enmity between people on the basis of religion, race and caste are among them.
• The punishment for being found guilty of engaging in corrupt practices range from imprisonment to having the election declared void.

5. Suggestion of the election commission to Ministry of Law

• Filing a false affidavit, should be made a corrupt practice under Section 123 of the Representation of the People Act, 1951
• Every contesting candidate should disclose its source of income and that of their children
• Election commission has also sought amendment in Form 16 to include disclosure on contracts entered by candidates, their spouse and dependents with the government and public companies.