Supreme Court allows citizens to file false affidavit complaints without Election Commission sanction

In a decision issued on October 16, a two-judge Supreme Court bench declared that any private individual may approach a magistrate with a criminal complaint alleging a candidate’s false affidavit under Section 125A of the Representation of People Act, without first securing sanction from the Election Commission of India. Justices Dipankar Datta and Sheel Nagu emphasized that statutory interpretation belongs to the courts, not the ECI, and that existing legal mechanisms enable magistrates to reject baseless or harassing complaints.

The case stemmed from Rajkumar Madki’s challenge to Karnataka MLA Shailendra Beldale, who was accused of providing an incorrect residential address in his nomination papers; the court concluded the allegation was unsubstantiated and refused to reopen the proceedings. It clarified that Section 195 of the Criminal Procedure Code does not apply to Section 125A, as Parliament deliberately omitted it when amending the code.

The judgment also referenced the Bharatiya Nagarik Suraksha Sanhita, which replaced the earlier CrPC provisions. Overall, the ruling strengthens voter-information safeguards while curbing potential misuse of the complaint process.