Private Citizens Can Complain Against Candidates for False Election Affidavits: Supreme Court
4 Articles
4 Articles
Private citizens can complain against candidates for false election affidavits: Supreme Court
The top court said the restriction under Section 195 of the Code of Criminal Procedure (CrPC) will not come in the way of filing a complaint in such cases. Section 195 of the CrPC restricts criminal courts from taking direct cognisance of certain specific offences unless a written complaint is formally filed by the authorised public servant or the concerned court.
A bench of Justices Dipankar Dutta and Sheel Nag on Friday clarified that private citizens can file criminal complaints under the Representation of the People Act if candidates who contest and win elections submit false information in their election affidavits.
Supreme Court private complaint false election affidavit The Supreme Court has ruled that even ordinary citizens can file a criminal complaint against a candidate for providing false information or concealing material facts in an election affidavit. The court clarified that Section 195 of the CrPC does not apply in such cases, and that it is not mandatory that only the Election Commission can file a complaint. This decision came in a case involv…
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