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The SC dismissed the SLP, holding the petitioner's election void for failure to disclose a conviction under s.138 of the Negotiable Instruments Act in the affidavit mandated by Rule 24-A(1) of the Municipal Election Rules, 1994. Rule 24-A(1) was treated as valid and mandatory; nondisclosure of a sentence of one year or more constituted suppression of material information, rendering acceptance of the nomination improper and materially affecting the election. Subsequent acquittal on appeal (occurring after the election) did not cure the prior nondisclosure, and no exceptional circumstances justified condonation. Although bye-elections were held and the challenge was rendered largely infructuous, the petitioner's rights were preserved by an interim order, yet relief was denied.
The SC dismissed the SLP, holding the petitioner's election void for failure to disclose a conviction under s.138 of the Negotiable Instruments Act in the affidavit mandated by Rule 24-A(1) of the Municipal Election Rules, 1994. Rule 24-A(1) was treated as valid and mandatory; nondisclosure of a sentence of one year or more constituted suppression of material information, rendering acceptance of the nomination improper and materially affecting the election. Subsequent acquittal on appeal (occurring after the election) did not cure the prior nondisclosure, and no exceptional circumstances justified condonation. Although bye-elections were held and the challenge was rendered largely infructuous, the petitioner's rights were preserved by an interim order, yet relief was denied.
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