Disclosing Second Spouse in Election Affidavit Not Ground for Disqualification : Bombay High Court

The Bombay High Court ruled that a candidate belonging to religions or cultures that permit polygamy can disclose the details of a second spouse in Form 26 affidavit without facing disqualification from contesting elections, or risking their election being set aside.

The Court upheld the election of Shiv Sena MLA Rajendra Gavit, dismissing a petition that challenged the inclusion of his second wife’s income in his nomination affidavit.

Justice Sandeep Marne clarified that providing additional information does not make the affidavit defective or violative under Section 100 of the Representation of the People Act.

The Court held that he had made a truthful disclosure, and omitting such information would have been grounds for disqualification.