The Supreme Court held that ordinary voters can file criminal complaints against election candidates for giving false information or concealing information in nomination affidavits.
Candidates must disclose details such as assets, educational qualifications and criminal antecedents while filing nominations.
Under Section 125-A of the Representation of the People Act, 1951, giving false information or concealing information is an offence punishable with up to 6 months’ imprisonment, fine, or both.
The Court held that a complaint under Section 125-A can be filed by a private person and is not limited to public servants or competent authorities.
Section 125-A was inserted in 2002 to strengthen transparency in elections and provide voters with accurate information about candidates.
The Court also held that Section 195 of the Code of Criminal Procedure (CrPC) does not prevent private citizens from filing complaints under Section 125-A.