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The Supreme Court in a case, while hearing a PIL held that the filing of false affidavit in elections is a corrupt practice and it should be taken seriously but it cannot direct the Parliament to legislate it. It further sought directions for making it as an offence.
This PIL which has been filed by Upadhyay was tagged along with another PIL filed by Public Interest Foundation (PIF) in 2011 against criminalization of politics. The PIL in 2011 sought to debar those persons from contesting elections, who have been charged with serious criminal charges.
In the PIL, Upadhyay sought directions to the Centre to make false statement made before the Election Commission or other similar authority an electoral offence. The Bench agreed with the fact that the affidavit should be treated seriously and observed that it cannot direct the Parliament to legislate on this. On behalf of the Upadhyay, the counsel stated that under Section 125A of the Representation of People Act, 1951, filing of false affidavit is an offence and is thus punishable but there is no clear procedure regarding the same. Hence, there are various complaints in respect of false affidavits being filed to misled the electors.
Upadhyay also referred to the recommendation of the Election Commission of India, which provided that any such complaint must be filed before the Returning Officer or Magistrate and then, he shall take proper action. He further added that filing of false affidavits can have serious consequences since, it effects the purity of the elections and further, the elector has a right to know the correct information of the candidates.
Thus, it is important that the elections must be held in a fair manner and every step must be taken to maintain its purity.
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