SC to examine whether 'netas' need to declare every offence

The Supreme Court today stayed a Patna High Court order setting aside the election of BJP MP Chhedi Paswan and said it would examine whether politicians need to mandatorily declare every offence or only the heinous crimes registered against them at the time of nomination.
The court made the observation as it stayed the High Court order setting aside the election of Paswan, the Lok Sabha MP from Sasaram (reserved) constituency in Bihar, for "suppressing" details of criminal cases pending against him.
Paswan had defeated then Lok Sabha Speaker Meira Kumar in the 2014 general elections.
"We have to go in depth. It's a serious issue. We have to see whether every offence or only serious offences are covered under the earlier judgement of the court," a bench of Justices Ranjan Gogoi and P C Pant said while admitting the case.

Senior advocate Harish Salve appearing for Paswan said he had three cases against him, of which two cases have punishments of six months while the third one was for blocking of traffic in a protest.
He said that non-disclosure of such offences cannot be said to be amounting to "corrupt practices".

Senior advocate C S Vaidyanathan appearing for one Ganga Mishra said Paswan has declared the offence in his 2010 poll affidavit but did not do so in the 2014 general elections.
He said that as per earlier judgement of the apex court, every individual contesting the election has to mandatorily declare all offences.

"The question here is that criminal cases are lodged against a politician for blocking the road in protest in which a chargesheet has been filed but charges are not framed. Can this suppression of facts by a politician during nomination deprived voters to make an informed choice," the bench asked.
"Does this non-disclosure of criminal antecedents on part of a candidate amount to exercise of 'undue influence' and does this concealment or suppression deprive the voters to make an informed and advised choice," the bench said while posting the matter for listing in January.
In its earlier verdict, the apex court had said "a voter

has a fundamental right to know about the candidates contesting the elections as that is essential and a necessary concomitant for a free and fair election".
On July 28, the High Court had held Paswan's election as "null and void" on a petition filed by Ganga Mishra, a voter, who challenged his election on the ground that the candidate had "suppressed" information with regard to criminal cases pending against him while filing his election affidavit.
Paswan is a third time MP. He had won the Lok Sabha polls in 1989 and 1991 on Janta Dal ticket defeating Meira Kumar of the Indian National Congress party on both occasions.

Later he had joined JD(U) faction after Janta Dal break up. He was defeated by BJP's Chunilal Yadav in 1996. He contested the 2014 Lok Sabha election after defecting to the BJP and won the Sasaram seat.