Supreme Court: Voters’ Right To Know About Candidates’ Assets Not Absolute

The Supreme Court recently delivered a ruling emphasizing that not every aspect of a candidate’s private life should be subject to scrutiny by voters. Justices Aniruddha Bose and PV Sanjay Kumar observed that only disclosures that could impact voting decisions should be required of candidates. The court outlined that candidates have a right to privacy in matters that are irrelevant to their candidacy for public office. The ruling clarified that candidates do not need to declare every minor possession or item of personal property unless it holds significant value or reflects on their candidacy in terms of lifestyle.

This directive was issued as part of a case concerning the election of Independent MLA Karikho Kri from Tezu in the 2019 Arunachal Pradesh Assembly election. The Supreme Court overturned the Gauhati High Court’s decision to nullify Kri’s election, which was challenged by Congress candidate Nuney Tayang. Tayang had alleged that Kri failed to disclose his occupancy of a government accommodation and did not provide “No Dues Certificates” for the associated charges. The Supreme Court upheld Kri’s election, emphasizing the need for relevant and impactful disclosures by candidates.