In a recent ruling, the Supreme Court of India has provided crucial clarification regarding the validity of election nominations filed by candidates contesting elections. The Court emphasized that not every defect in a nomination would render it invalid; only defects of a substantial nature that could potentially impact the outcome of the election would lead to the rejection of the nomination.
A bench comprising Justices Anirudhha Bose and Sanjay Kumar highlighted the importance of distinguishing between substantial and insubstantial defects in nominations. The Court underscored that while candidates are required to disclose information that could materially affect the election outcome, not every omission or non-disclosure would automatically invalidate the nomination.
The judgment came in response to a plea by Karikho Kri, whose election to the Arunachal Pradesh Legislative Assembly was nullified by the Gauhati High Court. The High Court had ruled that Kri failed to provide accurate information in his nomination papers, particularly regarding his occupancy of a government-allotted MLA cottage in Itanagar and the submission of "no dues certificates" for rent, electricity, water, and telephone charges.
However, the Supreme Court rejected this contention, asserting that such information did not constitute substantial defects that could materially affect the election outcome. The Court emphasized that the failure to disclose occupancy of government accommodation and the absence of dues did not taint the validity of Kri's nomination.
Referring to previous judgments, the Court emphasized that the nomination form's exact format is not sacrosanct. Instead, what matters is whether there is substantial compliance with the form's requirements. Therefore, minor departures from the prescribed format should not serve as grounds for rejecting a nomination.
The Court's ruling provides essential guidance for future election processes, ensuring that nominations are evaluated based on their substantive impact on the election outcome rather than technicalities. This clarification aims to uphold the integrity of the electoral process and ensure fairness and transparency in elections across the country.
