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NC: 2024:KHC-K:7677 been furnished and it could therefore not be alleged that the appellant was guilty of indulging in 'corrupt practice'.

18. Learned senior counsel appearing for the respondents (election petitioners), per contra, contended that a three-judge Bench of the Hon'ble Supreme Court in S. Rukmini Madegowda's case (supra) has clearly held that a false declaration with regard to the assets of a candidate, his/her spouse or dependents would constitute 'corrupt practice', it may be presumed that a false declaration would impact the election. He submitted that in light of this declaration of law by the three-judge Bench of the Hon'ble Supreme Court, which is also rendered in the context of a wrongful mention made in the affidavit relating to an election of a Corporator under the KMC Act, the arguments of the appellant would have to be rejected.

20. He submitted that the appellant was also guilty of suppressing the multiple bank accounts that he held in different banks and this had come to light only when the bank statements of the appellant were summoned. He submitted that in light of the clear enunciation of law that the suppression of false declaration regarding the assets of a candidate, his wife or his dependents, would constitute 'corrupt practice', it will have to be presumed that a false declaration had been given and the Trial Court was justified in declaring the election as void.

60. In light of the above admissions given by the appellant during the course of his cross examination, it is abundantly clear that the appellant was guilty of furnishing false information regarding the bank balances that he, his wife and his parents had in their bank accounts.

61. The decision of the three Judge Bench of the Hon'ble Supreme Court in S. Rukmini Madegowda's case (supra) in paragraph 38 has held as follows :-

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NC: 2024:KHC-K:7677 "38. In our considered view, a false declaration with regard to the assets of a candidate, his/her spouse or dependents, constitutes corrupt practice irrespective of the impact of such a false declaration on the election of the candidate. It may be presumed that a false declaration impacts the election."

62. Thus, a three Judge Bench of the Hon'ble Supreme Court has declared that a false declaration with regard to the assets of the candidate, his/her spouse or dependents constitutes 'corrupt practice' irrespective of the impact of such a false declaration. The Hon'ble Supreme Court has held that it would have to be presumed that a false declaration impacts the election.

63. As already noticed above, it is the admitted case of the appellant himself that an affidavit and a declaration had been given by him in which the bank balances of his spouse, his parents and himself as well as the immovable properties owned by his parents had not been stated. This admission clearly establishes that he had furnished false information in his affidavit and declaration, and it