Candidates need not disclose every moveable property owned by them, says Supreme Court

The Supreme Court upheld the 2019 election of Independent MLA Karikho Kri from the Tezu Assembly constituency in Arunachal Pradesh on Tuesday, April 9.

The ruling stated candidates contesting elections need not disclose every moveable property unless they are of substantial value or reflect a luxurious lifestyle.

The bench of Justices Anirudhha Bose and Sanjay Kumar overturned the Gauhati High Court's decision, which had deemed Kri's election null and void.

The election petition had alleged that Kri had exercised undue influence by not disclosing three vehicles owned by his wife and son while filing the nomination. The Court found the vehicles to be either gifted or sold prior to Kri's nomination, thus they could not be considered as still owned by his family.

Consequently, the non-disclosure of the vehicles could not be held against Kri. The Court stated that the non-disclosure of vehicles does not constitute a corrupt practice under Section 123(2) of the Representation of the Peoples Act 1951.

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