Important Remarks of Supreme Court on Candidate Property Declaration, “Every movable property …” | leader

Leader Online Desk : The Supreme Court today (April 9) made important observations regarding the declaration of assets to be made by the candidates during the election period. Candidates need not disclose every movable property they own; A bench of Justices Anirudh Bose and Justice Sanjay Kumar clarified that voters' right to know is not absolute. Also, the order of selection of independent MLA Karikho Cree from Teju constituency in Arunachal Pradesh assembly elections in 2019 was also upheld. The news in this regard has been given by 'Live Law'.

The petition filed by Karikho Cree's opponent had claimed that he had not disclosed the details of three vehicles owned by his wife and son while filing his candidature in the assembly elections. Also he used unnecessary influence this time. Guwahati High Court had canceled the election of Karikho Cree. He filed a petition in the Supreme Court against this.

A bench of Justice Anirudh Bose and Justice Sanjay Kumar clarified on Cree's plea that “candidates contesting elections are not required to disclose every movable property owned by them or their dependents. The respective assets of the candidates should reflect a substantial and luxurious lifestyle.”

A voter does not have absolute right to know about the property…

A voter does not have absolute right to know about every asset of a candidate. The bench also observed that a candidate has the right to privacy in matters not related to his/her candidature. Karikho Cree, the court had noted that the vehicle was gifted or sold before filing the nomination, so it was not mentioned in the property. The apex court also rejected the petitioner's contention that Cree should have disclosed all the details of his assets, clarifying that the vehicles cannot still be held to belong to Cree's family. Reasonable voters have full right to know. Candidates' right to privacy survives even in matters unrelated to or related to the electorate. Failure to disclose every asset owned by a candidate will not constitute a defect, however, “candidates have to disclose information about assets that significantly affect his candidature,” the court said.

Candidate need not declare every item of movable property like clothes, shoes, crockery, stationery, furniture. As long as it is of such value as to constitute a great asset in itself or to reflect on his candidacy in terms of his lifestyle. It needs to be disclosed,” the bench also said at the time.