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