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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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