Bombay High Court: Only Convictions With Minimum One-Year Jail Term Must Be Disclosed in Election Nomination

The Bombay High Court has clarified that an election candidate is required to disclose only those convictions which carry a sentence of at least one year of imprisonment in their nomination papers under the Representation of the People Act, 1951. 

The Court read down Entry 6 of Form 26 of the Conduct of Elections Rules, 1961, to bring it in line with Section 33A(1)(ii) of the Representation of People Act, 1951, which mandates such disclosure.

The Court held that disclosure of minor offences or convictions with lesser punishment is not mandatory.

An election petition that challenged a candidate’s nomination for not revealing a past case was dismissed, with the Court ruling that such omissions do not amount to suppression of material facts. 

[Rajan Baburao Vichare v. Naresh Ganpat Mhaske & Ors.]