Indian Supreme Court ruling on election affidavits

The Supreme Court of India ruled that private citizens, including voters, are permitted to file criminal complaints against elected candidates who provide false information or conceal material facts in their election affidavits.

In a judgment delivered by Justices Dipankar Datta and Sheel Nagu, the Court clarified that Section 125A of the Representation of the People Act, 1951, is not restricted by Section 195(1) of the Code of Criminal Procedure. The Court noted that while Section 195(1) typically requires a public servant to initiate certain proceedings, Section 125A was not included in the list of offences requiring such a restriction during the 2006 amendment to the Code of Criminal Procedure. This interpretation sets aside previous reasoning from the Karnataka High Court which suggested that only the Election Commission or a public servant could initiate such cases.

While establishing this right, the Court noted that magistrates maintain the power to dismiss frivolous or harassing allegations. In the specific case involving Dr. Shailendra Beldale, the Court upheld the quashing of the complaint due to existing documents that rebutted the charges.