No EC nod needed for voter to sue candidate over false information: Supreme Court
The Supreme Court of India has ruled that private citizens can initiate criminal proceedings against election candidates for filing false affidavits without needing prior approval from the Election Commission. The court clarified that Section 125-A of the Representation of People Act is not restricted by the procedural hurdles of Section 195 of the CrPC.
Why it matters
This ruling empowers voters to hold politicians directly accountable for dishonesty in their election filings, potentially increasing transparency in the electoral process.
NEW DELHI: A voter can now not only cast a vote in an election but can also drag an election candidate to court and initiate criminal proceedings for lying and furnishing a false declaration as Supreme Court has ruled that a complaint filed by a private person alleging an offence under Section 125-A of Representation of People Act (filing false affidavit) is maintainable and the Election Commission’s nod was not needed.Explaining the interplay between Section 125-A of Representation of People Act and Section 195(1) of the CrPC which says that no court shall take cognisance of any offences punishable under sections 172 to 188, including the offence of furnishing false information to a public servant, the top court held that Section 125A of RoP Act does not come within the ambit of Section 195 of CrPC and a court can take cognisance of a private complaint.
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