Supreme Court Upholds Election of Independent MLA in Arunachal

New Delhi: Observing that a voter does not have an absolute right to delve deeply into a candidate’s private life, the Supreme Court on Tuesday upheld the election of Independent MLA Karikho Kri from the Tezu Assembly constituency of Arunachal Pradesh in 2019. A bench comprising justices Anirudhha Bose and Sanjay Kumar set aside the July 17, 2023 judgment of the Itanagar bench of the Gauhati High Court which declared the election of Kri from Tezu in Lohit district as “null and void”. The case relates to Kri’s alleged suppression of facts in the poll papers in 2019.

The top court allowed the appeal of Kri against the High Court verdict and held that the candidates contesting elections are not required to disclose each and every moveable property owned by them or their affidavits unless they are of substantial value or reflect a luxurious lifestyle. “It is not an absolute right for any voter to delve deep into the private life of a candidate and each and every disclosure has to be of such nature which will impact the voting,” the bench said.

The top court, however, clarified that the finding was not to be treated as a precedent as it was based only on the facts and circumstances of the case. The detailed judgment is awaited.

The High Court judgment had come on an election petition filed by the then Congress candidate, Nuney Tayang, challenging the declaration of the 2019 Assembly election result on the ground that Kri had made false declarations in his election nomination paper and failed to disclose information about his assets.

The High Court had further observed that Kri had not submitted his nomination paper in accordance with Section 33 of the Representation of the People Act, 1951, and, therefore, his nomination paper is liable to be rejected under Section 36 (2)(b) of the same Act.

Tayang had filed the petition under the Act, seeking a declaration that the election to the member of the Legislative Assembly from the Tezu Assembly constituency be declared void.

He had alleged that Kri made false declarations in his election nomination paper by not disclosing full details.