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Kisan Shankar Kathore vs Arun Dattatraya Sawant . on 9 May, 2014 cites

Union Of India & Anr vs Assn.Of Unified Telecom S.P.Of ... on 11 October, 2011

"Accordingly, I have no hesitation in taking the view that it is a case of non-disclosure of liability in respect of outstanding electricity bills payable to Government Undertaking (M.S.E.B.); and that non-disclosure is a substantive defect in the affidavits filed along with nomination form. The test to hold that the defect is substantive, in my opinion, is not the amount involved, but the conscious act of non-disclosure and suppression of that fact. It would be a case of technical defect if there was some clerical error in the information disclosed by the candidate or for that matter, a case of omission due to lack of knowledge of existence of such dues. In the present case, the Respondent was conscious and aware of the fact that on the date of filing of the nomination form, there were two outstanding electricity bills in relation to two meters standing in his name, payable to M.S.E.B. It would have been a different matter if the Respondent was unaware of that fact or that no such bill was ever issued by the M.S.E.B. That is not the case of the Respondent. Thus understood, non-disclosure about the outstanding electricity bill in the sum of Rs. 79,200/- payable by the Respondent to M.S.E.B. Is a substantive defect in the affidavit. Resultantly, the nomination form filed along with such affidavit would become tainted and for which reason, it will have to be held that the same has been improperly accepted within the meaning of Section 100(1)(d)(i) of the Act. Besides, the candidate has failed to comply with the requirements of the order issued by the Election Commission in exercise of powers under Article 324(1) of the Constitution of India which order is founded on the Law declared by the Apex Court in the case of Union of India vs. Association for Democratic Reforms (supra) and binding under Article 141 of the Constitution, therefore, affecting his nomination as well as the Election being void under Section 100(1)(d)(iv) of the Act."
Supreme Court of India Cites 42 - Cited by 185 - A K Patnaik - Full Document
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