Mr. Dule Singh, the petitioner's conviction was set aside on appeal. She is no longer a convicted person. Why should we punish her for failing to disclose a conviction that no longer exists?

My Lord, the conviction existed at the time of nomination — that is the relevant date. The rules cannot work on a 'wait and see' basis. If we allow candidates to gamble on appeals, then every candidate with a conviction would file nomination without disclosure, hope the appeal succeeds, and then claim the non-disclosure is cured. The disclosure requirement would become meaningless. The subsequent setting aside of the conviction is irrelevant to the question of whether the nomination was properly accepted at the time it was filed. The election process must be determined based on facts as they exist on the date of nomination, not on hypothetical future events.

Do you seriously suggest that a conviction under Section 138 of the Negotiable Instruments Act, 1881 is as serious as a conviction for murder or rape? Should the law treat them identically for disclosure purposes?

My Lord, the rule does not treat them identically — it treats them based on the sentence. The legislature prescribed a sentence of up to two years for Section 138 of the Negotiable Instruments Act, 1881. That is the legislature's judgment that the offence is serious enough to warrant imprisonment. This Court should not substitute its judgment for that of the legislature. Moreover, the purpose of disclosure is to let voters decide for themselves what is serious. Some voters may consider a cheque bounce offence very serious — especially if the complainant was a small business owner who was cheated. Others may not. The point is that the voter should have the information and make the choice. The petitioner denied them that choice.

The petitioner lost the subsequent bye-election. Is there any purpose in continuing this litigation? She is not in office. Why not let the matter rest?

My Lord, the respondent agrees that the petitioner is not currently in office. However, the legal principles at stake are important. This Court must decide whether a conviction under Section 138 of the Negotiable Instruments Act, 1881 must be disclosed under Rule 24-A of the Rules of 1994. The decision will affect future elections. The respondent has a stake in establishing that the petitioner's election was void — not just for the sake of the seat, but for the sake of electoral integrity. If this Court dismisses the SLP as infructuous, the question will remain unresolved. The respondent requests that this Court decide the merits and affirm that such convictions must be disclosed.

The petitioner argues that Krishnamoorthy is distinguishable because it involved serious IPC offences, not a technical NI Act offence. How do you respond?

My Lord, Krishnamoorthy did not create a distinction based on the nature of the offence. The Court held that non-disclosure of criminal antecedents — without qualification — causes undue influence and impedes the free exercise of electoral rights. The Court did not say 'serious criminal antecedents' or 'IPC offences.' The principle is general. Moreover, the respondent submits that an offence under Section 138 of the Negotiable Instruments Act, 1881 is not 'technical' in the sense that it causes no harm. Dishonour of cheques affects the commercial reputation and financial stability of the payee. It is a serious economic offence. There is no principled basis to distinguish it from IPC offences for disclosure purposes.

For RespondentConstitutional Premium

Mandatory Disclosure Under Rule 24-A Unqualified — (2025) INSC 1284

Rule 24-A(1) of the Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994 mandates disclosure of any conviction carrying a sentence of one year or more, without any exception.

Poonam v. Dule Singh — (2025) INSC 1284

Core Argument

Rule 24-A(1) of the Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994 mandates disclosure of any conviction carrying a sentence of one year or more, without any exception. The petitioner's failure to disclose her Section 138 conviction, which carried a one-year sentence, is a clear violation. The nature of the offence is irrelevant.

Key Precedents

Union of India v. Association for Democratic Reforms (2002) 5 SCC 294 — Established that the voter's right to know the antecedents of candidates is fundamental to democracy and is embedded in Article 19(1)(a) of the Constitution of India.
Krishnamoorthy v. Shivakumar (2015) 14 SCC 58 — Held that non-furnishing of information pertaining to criminal antecedents causes undue influence and impedes the free exercise of electoral right, and the question whether the election was materially affected would not arise.
Pritam Singh v. State (1950 INSC 9) — Established that Article 136 of the Constitution is discretionary and will be exercised only in special or exceptional cases; no such case exists here.

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