In a significant judgment, the Rajasthan High Court addressed the issue of non-disclosure of criminal cases in election nominations. The case revolved around the election of Hanumangarh MLA Ganeshraj Bansal, whose victory was challenged on the grounds that he failed to disclose certain criminal cases in his nomination form. The petitioner, Amit, contended that Bansal's omission amounted to a violation of electoral norms and sought the annulment of his election.
The court, presided over by Justice Dinesh Mehta, examined the circumstances surrounding the alleged non-disclosure. It was noted that the police had filed a negative final report in the cases in question, effectively exonerating Bansal. Justice Mehta opined that once a negative final report is filed by the police, indicating no prima facie case against the individual, there is no obligation for the candidate to disclose such cases in the nomination form. The court emphasized that the petitioner failed to provide any statutory provision or precedent mandating the disclosure of cases where the police had already given a clean chit.
Furthermore, the court criticized the vagueness of the petitioner's allegations. It highlighted that the petitioner did not furnish specific details such as FIR numbers, police station names, or court particulars related to the alleged cases. The mere enclosure of final reports without concrete details was deemed insufficient to substantiate the claims. Justice Mehta underscored that election petitions require precise pleadings and cannot be based on vague or generalized allegations. The court cannot be expected to conduct a fishing and roving inquiry without specific information.
Additionally, the court addressed procedural aspects of the petition. It was observed that the petitioner referred to the Conduct of Election Rules, 1967, which did not exist. This misreference further weakened the petitioner's case. The court reiterated that election petitions are serious matters and must be approached with due diligence and accuracy.
In conclusion, the Rajasthan High Court dismissed the election petition, affirming that non-disclosure of criminal cases, where the police have filed a negative final report, does not constitute a ground for disqualification. The judgment reinforces the principle that candidates are not obligated to disclose cases that have been conclusively closed by investigative authorities. It also serves as a reminder of the importance of precise and well-founded pleadings in election-related litigations.
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