Karnataka High Court directs SEC to issue form for declaration of criminal antecedents by candidates contesting elections to local bodies

The High Court of Karnataka has directed the State Election Commission (SEC) to issue forms for the declaration of criminal antecedents by the candidates contesting elections for local bodies, and for intimating such declarations to the general public through media publications as per the directions issued by the Supreme Court in its 2018 judgment.

A Division Bench comprising Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit issued the direction while dismissing an appeal filed by H.V. Ashok of Haridravati in Shivamogga district.

Directions of the apex court to be implemented by the SEC

Each contesting candidate should fill a form provided by the Election Commission and it must contain all the particulars

The form should state, in bold letters, criminal cases pending against the candidate

If a candidate is contesting an election on the ticket of a particular party, he/she is required to inform the party about the criminal cases pending against him/her

The political party concerned shall be obligated to put up on its website information pertaining to its candidates having criminal antecedents

The candidate and the political party concerned shall issue a declaration in widely circulated newspapers in the locality about the antecedents of the candidate and also give wide publicity in the electronic media at least thrice after filing of the nomination papers

The Bench said that it was issuing the direction to the SEC and all other agencies involved in the conduct of elections to the local bodies to issue necessary forms or incorporate requisite forms for declaration of criminal antecedents so that “purity in politics in general and purity in the election process, in particular, is achieved” as per the apex court’s observations made in the judgment in the case of Public Interest Foundation vs. Union of India in 2018.

The appellant was elected to Haridravati Gram Panchayat. However, a defeated candidate had questioned his election before the civil court, which, in November 2021, set aside his election for non-declaration of his criminal antecedents in his nomination papers.

A judge of the High Court in August 2023 upheld the civil court’s order by pointing out that the apex court, in its 2003 verdict in the case of Peoples Union for Civil Liberties vs. Union of India, had held that any person filing a nomination for elections has to declare the pending criminal proceedings against him and failure to do so would result in rejection of the nomination papers.

In view of the apex court’s verdict, the judge had rejected his contention that there was no requirement for making a declaration on criminal proceedings as the nomination form issued under Rule 14 of the Karnataka Gram Swaraj and Panchayat Raj (Conduct of Election) Rules, 1993, did not contain query on criminal antecedents when he filed the nomination papers.