SC Upholds Candidates' Right to Privacy in Elections Nominations

• 10 Apr 2024

On 9th April, Supreme Court (SC) ruling emphasized that not all candidate details need to be disclosed.

Key Points

• Candidates' Right to Privacy: Supreme Court rules that candidates aren't required to disclose every asset in election affidavits, emphasizing their right to privacy.
• Substantial vs. Insubstantial Issues: The court distinguishes between significant and insignificant issues, stating that not every non-disclosure affects a candidate's eligibility.
• Illustrative Examples: The ruling provides examples to clarify the distinction, such as the disclosure of high-value assets versus low-value items like clothing or simple watches.
• Impact on Candidature: Non-disclosure must materially affect the election result or amount to 'undue influence' to qualify as a substantial defect, according to the court's interpretation.
• Case-Specific Evaluation: Each case must be assessed individually to determine the gravity of the defect, keeping in mind the impact on the election process.