In Brief
The appellant, a lawyer, complained that the Chief Minister, in his election affidavit (Form 26), failed to disclose two pending criminal cases where cognizance had been taken by courts, violating Section 125-A of the Representation of the People Act. The High Court had dismissed the complaint. The Supreme Court held that candidates must disclose all pending criminal cases in which cognizance has been taken, not only those where charges have been framed. The Court's interpretation aligned Form 26 with voters' fundamental right to know candidates' criminal antecedents. The Court set aside the High Court's order, allowing the case to proceed afresh for determination of criminal liability under Section 125-A.">
The lawyer headnote and full judgment text are available to registered users.