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Supreme Court of India 2018-02-16 allowed

Lok Prahari, Through Its General Secretary S.N. Shukla vs Union of India & Others

Bench: 2 — Chelameswar

In Brief

A registered civil society seeking electoral reform challenged the lack of mandatory disclosure of candidates' and their associates' sources of income in nomination forms. The petitioner also sought a permanent mechanism to investigate disproportionate wealth accumulation by elected representatives. The Court held that voters have a fundamental right to such information under Article 19(1)(a). It directed amendment of Form 26 to require disclosure of sources of income and other statutory disqualification details. The Court declared that non-disclosure constitutes 'undue influence' and corrupt practice voidable under electoral law. It ordered establishment of a permanent monitoring mechanism by executive agencies to examine assets of legislators for disproportionate accretion without corresponding income sources, such conduct being constitutionally impermissible under the socialist directive principles.

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Electoral Law Constitutional Law Fundamental Rights Corruption and Anti-Corruption Public Office and Accountability Rule Making and Delegation of Powers Democratic Governance

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