Observing that 'non-disclosure of a conviction' constitutes a suppression of material information violating the electorate's fundamental right to make an informed choice, the Supreme Court on Thursday (November 6) upheld the disqualification of a former councillor, who had not disclosed her criminal antecedent in an election affidavit that she was convicted in a cheque dishonor matter and suffered one-year incarceration.
Dismissing the former councillor's appeal, a bench of Justices PS Narasimha and AS Chandurkar underscored the importance of electoral transparency, stating that “non-furnishing information pertaining to criminal antecedents has the effect of causing undue influence which creates an impediment in the free exercise of electoral right by a voter.”
The Court added that th

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