Supreme Court allows voters to sue candidates for false election affidavits without EC approval
The Supreme Court ruled that a voter can file a private criminal complaint against a candidate for submitting a false affidavit, without needing the Election Commission’s permission.
In New Delhi, the Supreme Court decided that any voter may initiate a criminal case against an election candidate who submits a false affidavit, without requiring the Election Commission’s sanction. The judges explained that Section 125-A of the Representation of People Act, introduced in 2002, falls outside the scope of Section 195 of the Criminal Procedure Code, which restricts courts from taking cognizance of certain offences.
Consequently, a private complaint under Section 125-A is maintainable, overturning a Karnataka High Court ruling that had confined the right to file only election petitions. Justices Dipankar Datta and Sheel Nagu emphasized that the legislature’s omission of Section 125-A from the CrPC was intentional, and that the Election Commission’s press notes do not have legal force over statutory interpretation. The court also warned that frivolous or harassing complaints can be dismissed by magistrates under existing law.
Why it matters
It gives ordinary voters a direct tool to hold candidates accountable for false election statements.
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