VidhiSangh

Supreme Court of India · 14/09/2022

S. RUKMINI MADEGOWDA versus THE STATE ELECTION COMMISSION & ORS

[2022] 12 S.C.R. 1 · 2022 INSC 958

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Summary

The appellant was elected councillor of the Mysore Municipal Corporation in 2018. Her affidavit of assets under State Election Commission notifications gave her husband's name wrongly and declared that he owned no property when he did. Her election was set aside on an election petition, and the High Court affirmed. She argued that the Karnataka Municipal Corporations Act and rules required no such disclosure. The Court dismissed the appeal. Under Article 243-ZA, the State Election Commission has powers like those of the Election Commission under Article 324 to fill legislative gaps, and the notifications were valid under ADR. Section 39(2) of the KMC Act adopts 'undue influence' from Section 123(2) of the RP Act, which Lok Prahari held includes non-disclosure of assets. A false declaration is a corrupt practice, and its effect on the election is presumed.

Issues

  1. Whether a State Election Commission could require municipal candidates to disclose the assets of their spouses and dependents by affidavit in the absence of a provision in the KMC Act or rules
  2. Whether a false declaration of a spouse's assets is a corrupt practice ('undue influence') under Section 39(2) of the KMC Act, warranting the election being declared void
  3. Whether the false declaration must be shown to have materially affected the election result

Provisions considered

Held

Result

Appeal dismissed. The judgments setting aside the appellant's election as councillor on the ground of corrupt practice were upheld.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 1.