KISAN SHANKAR KATHORE versus ARUN DATTATRAY SAWANT & ORS

KISAN SHANKAR KATHORE versus ARUN DATTATRAY SAWANT & ORS

Non-disclosure of material information regarding assets held by candidate's wife and partnership firm amounted to substantial lapse; such non-disclosure is not substantial compliance and renders acceptance of nomination improper. Thus, the election is void.

Parties
Appellant: Kisan Shankar Kathore; Respondent: Arun Datiatray Sawant; Respondent: Respondent-In-Person; Respondent: Other Respondents
Jurisdiction
India
Judgment Date
09 May 2014
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Election Petition
Outcome
Appeal dismissed; High Court order upheld.
Legal Topics
Non Disclosure of Candidate Information, Improper Acceptance of Nomination, Declaration of Election Void, Compliance With Representation of People Act
Election Law Constitutional Law Non Disclosure of Candidate Information Improper Acceptance of Nomination Declaration of Election Void Compliance With Representation of People Act

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Parties

Kisan Shankar Kathore

Appellant

Arun Datiatray Sawant

Respondent

Respondent-In-Person

Respondent

Other Respondents

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Election Petition

Legal Issues

  1. 1 Whether there was substantial compliance in disclosure of requisite information in affidavits filed with nomination paper
  2. 2 Whether non-disclosure of information materially affected the result of the election

Ratio Decidendi

Non-disclosure of material information regarding assets held by candidate's wife and partnership firm amounted to substantial lapse; such non-disclosure is not substantial compliance and renders acceptance of nomination improper. Thus, the election is void.

Court Disposition

Appeal dismissed; High Court order upheld.

Orders

  • Election of appellant set aside; finding of improper acceptance of nomination form sustained
  • Election declared void under Section 100(1)(d)(i) and (iv) of Representation of People Act, 1951