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

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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

  1. 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.
  1. 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
  1. 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.
  1. 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.         
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