Chief election officer said that a recent Supreme Court order allows
the returning officer
to accept the wealth details of the candidates without verification
but other grounds like age and community must be verified.
Representation of the People Act, Chapter III (electoral offences),
Section 125A speaks about the penalty for filing false affidavits. The
section explains that a person who "…fails to furnish information
relating to subsection (1) of section 33 A (asserts) or gives false
information which he knows or has reason to believe to be false, be
punishable with imprisonment for a term which may extend to six
months, or with fine, or with both,"
These offences are also punishable with a fine under Section 171 (G)
of the Indian Penal Code that deals with elections.
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Section 125A of representation of the People ACT
125A. Penalty for filing false affidavit, etc.—A candidate who himself
or through his proposer, with intent to be elected in an election,—
(i) fails to furnish information relating to sub-section (1) of section 33A; or
(ii) give false information which he knows or has reason to believe to
be false; or
(iii) conceals any information,
in his nomination paper delivered under sub-section (1) of section 33
or in his affidavit which is required to be delivered under
sub-section (2) of section 33A, as the case may be, shall,
notwithstanding anything contained in any other law for the time being
in force, be punishable with imprisonment for a term which may extend
to six months, or with fine, or with both..
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Section 33A of representation of the People ACT
1[33A. Right to information.—(1) A candidate shall, apart from any
information which he is required to furnish, under this Act or the
rules made thereunder, in his nomination paper delivered under
sub-section (1) or section 33, also furnish the information as to
whether –
(i) he is accused of any offence punishable with imprisonment for two
years or more in a pending case in which a charge has been framed by
the court of competent jurisdiction;
(ii) he has been convicted of an offence [other than any offence
referred to in sub-section (1) or sub-section (2), or covered in
sub-section (3), of section 8] and sentenced to imprisonment for one
year or more.
(2) The candidate of his proposer, as the case may be, shall, at the
time of delivering to the returning officer the nomination paper under
sub-section (1) of section 33, also deliver to him an affidavit sworn
by the candidate in a prescribed form very fine the information
specified in sub-section (1).
(3) The returning officer shall, as soon as may be after the
furnishing of information to him under sub-section (1), display the
aforesaid information by affixing a copy of the affidavit, delivered
under sub-section (2), at a conspicuous place at his office for the
information of the electors relating to a constituency for which the
nomination paper is delivered.]
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