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Civil · Reportable judgment

Poonam vs Dule Singh & Ors.

Court
Supreme Court of India
Date
6 November 2025
Case No.
Special Leave Petition (Civil) No. 12000 of 2025
Result
Dismissed
Bench
Pamidighantam Sri Narasimha
Citation
[2025] 12 S.C.R. 1 : 2025 INSC 1284
Acts & Sections
Negotiable Instruments Act, 1881 Madhya Pradesh Municipalities Act, 1961 Madhya Pradesh Nagar Palika Nirvachan…
Supreme Court Reports [2025] 12 S.C.R. 1 : 2025 INSC 1284
Issue for consideration
The High Court upheld the judgment of the trial Court by recording a finding that by failing to disclose conviction in the affidavit filed along with nomination form, there was a breach of Rule 24-A of the Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994 and the petitioner’s election was rightly set aside.
Headnote

Negotiable Instruments Act, 1881 – s.138 – Madhya Pradesh Municipalities Act, 1961 – s.22(1)(d)(iii) – Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994 – Petitioner suffered a conviction u/s.138 of the Negotiable Instruments Act, 1881 and was sentenced to suffer rigorous imprisonment for a period of one year and also ordered to pay compensation – The fact of her conviction, had not been disclosed in the affidavit filed along with the nomination form as required by Rule 24-A of the Rules of 1994 – Trial Court declared her election as null and void – Revision application before the High Court was dismissed – Correctness:

Held: Undisputably, the petitioner was convicted on 07.08.2018 u/s.138 of the Act of 1881 – On consideration of the statutory provisions as well as the documentary material on record it becomes clear that under Rule 24-A(1) of the Rules of 1994, every candidate contesting elections is required to furnish information which includes declaration of criminal antecedents, etc. – The information required to be furnished is with regard to any pending criminal case in which the candidate is charged or any criminal case that has been disposed of and has resulted in his conviction – Same is also necessary u/Art.19(1)(a) of the Constitution of India – Failure to furnish such affidavit can result in rejection of the nomination paper – It is an admitted position that, the petitioner failed to disclose her conviction for the offence punishable u/s.138 of the Act of 1881 – By failing to disclose her previous conviction, the petitioner furnished false and incorrect information as regards her criminal antecedents – As a result the verification of her affidavit was false and incorrect – The acceptance of her nomination form has therefore been rightly held to be improper – She being the returned candidate, her election was rendered void – As far as plea for exceptional case made by the petitioner is concerned, the same cannot be accepted – Both the Courts have concurrently found that the petitioner failed to disclose her conviction without any justifiable reason – In these facts therefore, no special or exceptional case has been made out by the petitioner for this Court to exercise jurisdiction u/Art.136 of the Constitution of India. [Paras 10, 13, 15, 24, 25]

Keywords: Election petition · Non-disclosure · Criminal antecedents · Declaration of criminal antecedents · Article 19(1)(a) of the Constitution of India · False and incorrect information · Non-compliance of the provisions of Rule 24-A of the Rules of 1994 · Affidavit · Moral Turpitude · Material information

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Atul S. Chandurkar, J. 1. The petitioner suffered a conviction under Section 138 of the Negotiable Instruments Act, 1881. She, however, failed to disclose her conviction in the nomination form for the election to the post of Councillor. Her election was challenged by the first respondent, and the trial Court unseated her from the post of Councillor holding her to be disqualified under the provisions of The Madhya Pradesh Municipalities Act, 1961. The revision application preferred by the petitioner having been dismissed, she has preferred the present Special Leave Petition. 2. In t
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