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BJP leader Ashwini Kumar has moved the Supreme Court regarding candidates making false representations and declarations before the Election Commission, Chief Electoral Officer, District Election Officer, Presiding Officer or other similar authorities. While the petitioner acknowledged that Section 125A of the Representation of People’s Act, 1951 does provide imprisonment up to 6 months or fine if a candidate files an affidavit which has false information, he added that there was no follow-up provision that ensured implementation to that effect.
The Senior Advocate argued, while filing his Public Interest Litigation before the Court, that the imprisonment for the offence must be extended to at least two years and should be termed as a ‘corrupt practice’. Further, he also pleaded the Court to take cognizance of the recommendations laid down in the Law Commission of India’s 244th Report and direct the Government to implement the same. The recommendations include the disqualification of persons found to be committing this offence. Further, he emphasized that in accordance with the Apex Court’s judgement in Krishnamoorthy v. Siva Kumar, furnishing partially false information or omission to disclose important information violates the citizens’ electoral right to vote. The petition also asks the SC to direct the Government to implement the reforms recommended by the ECI, including the disqualification of a defeated candidate if found to be violating the law.
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