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The Supreme Court has said that non-disclosure of conviction in the nomination form will disqualify an elected candidate. A bench of Justices PS Narasimha and AS Chandurkar passed the order on an appeal filed by former councillor, Poonam, who was removed from the post as she did not disclose her conviction in a case in the nomination form for the elections.
Poonam was removed from the post of municipal councilor in Bhikangaon Municipal Council, Madhya Pradesh. He was convicted in the check bounce case and sentenced to one year’s imprisonment with directions to pay compensation.
Rejecting the petitioner’s plea seeking protection from disqualification, the bench said, “Once it is found that previous conviction has not been disclosed by a candidate, it creates an obstacle to the free exercise of the electoral right by the voter.” “Thus a voter is deprived of making an informed and advised choice,” it says. “This would amount to a case of suppression/non-disclosure by such candidate, which invalidates the election.”