VidhiSangh

Supreme Court of India · 10/08/2021

BRAJESH SINGH versus SUNIL ARORA & ORS.

[2021] 7 S.C.R. 890 · 2021 INSC 388

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Summary

In proceedings concerning Bihar’s 2020 Assembly elections, the Court held nine political parties in contempt for failure to comply with candidate-criminal-antecedent disclosure directions. It ordered monetary deposits from eight parties, cautioned BSP and found ECI not in contempt. The Court preserved parties’ freedom to select legally eligible candidates but required meaningful reasons beyond mere winnability. It declined directions indirectly adding disqualifications, revised publication to within 48 hours of candidate selection, and ordered prominent website disclosure, an ECI mobile application, voter awareness and compliance monitoring.

Issues

  1. Whether political parties complied in substance with the criminal-antecedent disclosure directions.
  2. Whether the Court could direct withdrawal of party recognition or otherwise introduce additional electoral disqualifications.
  3. What publication timetable and implementation directions were appropriate.

Provisions considered

Held

Result

Contempt petition and miscellaneous application disposed of with nine parties held in contempt, specified deposits by eight parties, warnings, and further disclosure, awareness and monitoring directions; ECI not held in contempt.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 890.