'Candidates need not disclose every moveable property in election filings': Supreme Court

The court stressed that voters do not possess an absolute right to know about every asset owned by a candidate. It highlighted that candidates have a right to privacy regarding matters that are irrelevant to their candidacy.

The Supreme Court on Tuesday (April 9) said that candidates running for elections are not obligated to disclose every moveable property they or their dependents own unless these assets are of substantial value or indicate a luxurious lifestyle. This directive from the apex court came as it upheld the victory of Independent MLA Karikho Kri from Tezu constituency in the 2019 Arunachal Pradesh Assembly election.

The court stressed that voters do not possess an absolute right to know about every asset owned by a candidate. It highlighted that candidates have a right to privacy regarding matters that are irrelevant to their candidacy.

A division bench of the Supreme Court, comprising Justices Anirudhha Bose and Sanjay Kumar, overturned the Gauhati High Court's ruling that had previously invalidated Karikho Kri's election.

The legal dispute stemmed from a petition filed by Kri's opponent, alleging that the MLA failed to disclose three vehicles owned by his wife and son while submitting his nomination papers. However, the court determined that these vehicles were either gifted or sold before Kri filed his nomination, and therefore, could not be considered as assets belonging to his family.

Rejecting the petitioner's argument that Kri should have divulged all his assets due to the voters' right to know, the Supreme Court stressed that a candidate's right to privacy remains intact, especially concerning matters irrelevant to their candidacy.

The court clarified that candidates must disclose assets only if they significantly impact their candidacy. It specified that candidates need not declare every minor moveable asset, such as clothing or stationery, unless these items hold substantial value or reflect the candidate's lifestyle.