A bench of Justices P S Narasimha and A S Chandurkar handed the order on an attraction filed by a former councillor, Poonam, who was unseated from the publish as she didn't disclose her conviction in a case within the nomination kind for the election.
Poonam was unseated from the municipal councillor's publish in Nagar Parishad, Bhikangaon, Madhya Pradesh. She was convicted in a cheque bounce case and sentenced to imprisonment for one 12 months with a course to pay compensation.
Rejecting the petitioner's plea to save lots of her from disqualification, the bench stated, “As soon as it's discovered that there was non-disclosure of a earlier conviction by a candidate, it creates an obstacle within the free train of electoral proper by a voter.”
“A voter is thus disadvantaged of constructing an knowledgeable and suggested selection. It might be a case of suppression/non-disclosure by such a candidate, which renders the election void,” it stated.
