The Supreme Court on Tuesday held that a voter has no absolute right to know about each and every asset of a candidate and that the candidate has the right to privacy regarding matters which are irrelevant to the candidature.
As per the apex court’s verdict, candidates need not disclose each and every moveable property owned by them or their family, unless they are of substantial value or reflect a luxurious lifestyle.
With this ruling, the top court upheld the 2019 election of the independent MLA Karikho Kri from Arunachal Pradesh’s Tezu Assembly constituency.
The bench comprising Justices Anirudhha Bose and Sanjay Kumar set aside the order of the Gauhati High Court which had declared the election of Karikho Kri as null and void.
According to a Live Law report, in the election petition, it was contended by the respondent/unsuccessful candidate that Karikho Kri exercised undue influence by not disclosing three vehicles owned by Kri’s wife and son while filing the nomination for contesting the election.
After finding such vehicles to be either gifted or sold before the filing of the nomination by Kri, the Court said that the vehicles could not be considered to be still owned by Kri’s wife and son.
Karikho Kri, who was elected in the year 2019 as an independent MLA from the Tezu Assembly constituency in Arunachal Pradesh.
After the election result, an Election Petition was filed by Congress candidate Nuney Tayang, challenging the declaration of the 2019 result in favour of Mr. Kri.
Tayang filed a petition under Section 90(a)(c) of the Representation of the People Act, 1951. He sought a declaration to nullify the election victory of Kri from the Tezu seat.
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