LOK PRAHARI, THROUGH ITS GENERAL SECRETARY S. N. SHUKLA versus UNION OF INDIA & OTHERS WRIT PETITION (C) NO. 784 OF 2015 FEBRUARY 16, 2018

LOK PRAHARI, THROUGH ITS GENERAL SECRETARY S. N. SHUKLA versus UNION OF INDIA & OTHERS WRIT PETITION (C) NO. 784 OF 2015 FEBRUARY 16, 2018

The Supreme Court granted prayers requiring suitable amendments in Rule 4A of the Conduct of Election Rules, 1961 and Form 26, mandating candidates and their associates to declare sources of income, contracts with government, and further relevant information. The Court held non-disclosure constitutes a corrupt practice under Section 123(2) RP Act and permitted establishment of a permanent mechanism for monitoring increase in assets of legislators, but declined selective investigation into named legislators and directions to amend the RP Act itself.

Parties
Petitioner: Lok Prahari, through its General Secretary S. N. Shukla; Respondents: Union of India & Others
Jurisdiction
India
Judgment Date
16 February 2018
Procedural Posture
Writ Petition (c) No. 784 of 2015 / Final Judgment
Outcome
Writ Petition Allowed (as indicated, without costs)
Legal Topics
Disqualification of Legislators, Electoral Reforms, Transparency, Disclosure of Assets, Right to Information
Constitutional Law Election Law Administrative Law Disqualification of Legislators Electoral Reforms Transparency Disclosure of Assets Right to Information

Case Brief

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Parties

Lok Prahari, through its General Secretary S. N. Shukla

Petitioner

Union of India & Others

Respondents

Procedural Posture

Writ Petition (c) No. 784 of 2015 / Final Judgment

Legal Issues

  1. 1 Whether disproportionate growth of assets of legislators without disclosure amounts to constitutional disqualification or corrupt practice
  2. 2 Whether voters have a fundamental right to know the financial information of candidates and associates
  3. 3 Whether changes can be directed in election rules/forms to require disclosure of sources of income

Ratio Decidendi

The Supreme Court granted prayers requiring suitable amendments in Rule 4A of the Conduct of Election Rules, 1961 and Form 26, mandating candidates and their associates to declare sources of income, contracts with government, and further relevant information. The Court held non-disclosure constitutes a corrupt practice under Section 123(2) RP Act and permitted establishment of a permanent mechanism for monitoring increase in assets of legislators, but declined selective investigation into named legislators and directions to amend the RP Act itself.

Court Disposition

Writ Petition Allowed (as indicated, without costs)

Orders

  • Rule 4A of the Conduct of Election Rules, 1961 and Form 26 to be suitably amended requiring candidates and their associates to declare sources of income.
  • Permanent mechanism to be established to monitor disproportionate increase in legislators' assets.