The Supreme Court on 16 October held that voters may file private complaints alleging false disclosures in candidate affidavits under Section 125-A of the Representation of the People Act. Section 195 of the Criminal Procedure Code does not reserve such complaints to the Election Commission or a public servant. The Court nevertheless upheld the quashing of this complaint because the documents rebutted the residential-address allegation and a conviction appeared remote.
Judge / Bench — Justice Dipankar Datta and Justice Sheel Nagu. Judgment authored by Justice Dipankar Datta.
Advocates appearing — For the appellant — Meenakshi Arora, Senior Counsel, assisted by Kamat, Senior Counsel. For the respondent — Anand Sanjay M. Nuli, Senior Counsel, assisted by Akhila Wali.