Candidates Need Not Disclose Every Moveable Property, Voters’ Right To Know Not Absolute: Supreme Court

New Delhi: The Supreme Court on Tuesday said that candidates contesting elections are not obliged to disclose every moveable property owned by them or their dependents unless the assets hold substantial value or indicate a luxurious lifestyle. This decision came as the Court upheld the election of Independent MLA Karikho Kri from Tezu in the 2019 Arunachal Pradesh Assembly election.

The verdict, delivered by a division bench comprising Justices Anirudhha Bose and Sanjay Kumar, overturned the Gauhati High Court’s declaration of Karikho Kri’s election as void. The petitioner had alleged that Kri failed to disclose three vehicles owned by his wife and son, claiming undue influence.

However, the Supreme Court observed that the vehicles in question were either gifted or sold before Kri’s nomination, therefore not constituting assets still owned by his family. The court emphasized that candidates possess a right to privacy concerning matters irrelevant to their candidacy.

Rejecting the petitioner’s argument that voters have an absolute right to know all details of a candidate’s assets, the court stated that non-disclosure of every asset does not constitute a defect. The obligation to disclose assets arises only if they significantly impact the candidate’s candidacy.