Candidates must declare assets,
pending cases: SC

March 13, 2003 12:17 IST

The Supreme Court on Thursday struck down a major portion of the
Electoral Reforms Law, saying candidates must declare their assets
and all pending criminal cases against them at the time of filing
nominations.

A three-judge bench comprising Justice M B Shah, Justice P V Reddi
and Justice D M Dharmadhakari gave separate but concurring
judgements holding that the amendment to the Section 33 B of the
Representation of Peoples Act were "illegal and null and void."

The bench said the attempt by the Government of India to introduce
electoral reforms was half-hearted and not
enough to stop money and muscle power from playing a role in the
election.

The bench said the Election Commission must issue a new guideline
for implementation of the present judgement.

The bench said the width and amplitude of the rights of voters to
know about the antecedents of the candidates was
different from their right to information from the media.

"The freedom to vote is equal to the right of expression and hence
this new legislation which curtailed this right could be held to be
violative of Article 19 which guarantees right to freedom of
expression," the bench said.
-- 
saurav
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