Consequential or Inconsequential Import | The Last Word

Democracy, in its essence, means a society governed by elected representatives of people based on universal adult franchise in a free and transparent manner. Thus, free and fair elections go to the root of a functional democracy.

Lok Prahari v. Union of India, (2018) 4 SCC 699 summarized the legal and contextual position regarding non-disclosure of assets as amounting to a corrupt practice under Section 123(2) of The Representation of the People Act, 1951. S. Rukmini Madegowda v. State Election Commission, (2022) 18 SCC 1 held, false declaration about assets would constitute a corrupt practice.

Whether non-disclosure of assets is of a substantial character or not, must be determined by Court based on specific facts of each case, as observed by this Court in Karikho Kri v. Nuney Tayang, 2024 SCC OnLine SC 519. The true test, in our opinion, would be whether non-disclosure of information about assets in any case is of consequential or inconsequential import.

This is not a case of providing false information or engaging in disinformation, but rather a failure to provide certain information concerning assets which, in our opinion, does not amount to a defect of substantial character warranting declaration of Smt. Kova Laxmi’s election as void.

– Hon’ble Justice N.K. Singh, Ajmera Shyam v. Smt. Kova Laxmi, [Civil Appeal No. 13015 of 2024].