LexPOONAM versus DULE SINGH & ORS.
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[2025] 12 S.C.R. 1 : 2025 INSC 1284 Poonam v. Dule Singh & Ors. (Special Leave Petition (Civil) No. 12000 of 2025) 06 November 2025 [Pamidighantam Sri Narasimha and Atul S. Chandurkar,* JJ.] Issue for Consideration The High Court upheld the judgment of the trial Court by recording a finding that by failing to disclose conviction in the affidavit filed along with nomination form, there was a breach of Rule 24-A of the Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994 and the petitioner’s election was rightly set aside. Headnotes† Negotiable Instruments Act, 1881 – s.138 – Madhya Pradesh Municipalities Act, 1961 – s.22(1)(d)(iii) – Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994 – Petitioner suffered a conviction u/s.138 of the Negotiable Instruments Act, 1881 and was sentenced to suffer rigorous imprisonment for a period of one year and also ordered to pay compensation – The fact of her conviction, had not been disclosed in the affidavit filed along with the nomination form as required by Rule 24-A of the Rules of 1994 – Trial Court declared her election as null and void – Revision application before the High Court was dismissed – Correctness: Held: Undisputably, the petitioner was convicted on 07.08.2018 u/s.138 of the Act of 1881 – On consideration of the statutory provisions as well as the documentary material on record it becomes clear that under Rule 24-A(1) of the Rules of 1994, every candidate contesting elections is required to furnish information which includes declaration of criminal antecedents, etc. – The information required to be furnished is with regard to any pending criminal case in which the candidate is charged or any criminal case that has been disposed of and has resulted in his conviction – Same is also necessary u/Art.19(1)(a) of the Constitution of India – Failure * Author 2 [2025] 12 S.C.R. Supreme Court Reports to furnish such affidavit can result in rejection of the nomination paper – It is an admitted position that, the petitioner failed to disclose her conviction for the offence punishable u/s.138 of the Act of 1881 – By failing to disclose her previous conviction, the petitioner furnished false and incorrect information as regards her criminal antecedents – As a result the verification of her affidavit was false and incorrect – The acceptance of her nomination form has therefore been rightly held to be improper – She being the returned candidate, her election was rendered void – As far as plea for exceptional case made by the petitioner is concerned, the same cannot be accepted – Both the Courts have concurrently found that the petitioner failed to disclose her conviction without any justifiable reason – In these facts therefore, no special or exceptional case has been made out by the petitioner for this Court to exercise jurisdiction u/Art.136 of the Constitution of India. [Paras 10, 13, 15, 24, 25] Case Law Cited Pritam Singh v. State, 1950 INSC 9 : [1950] 1 SCR 453 – followed. Ravi Namboothiri v. K.A. Baiju & Others, 2022 INSC 1187 : [2022] 18 SCR 273; Karikho Kri v. Nuney Tayang and Another, 2024 INSC 289 : [2024] 4 SCR 394 – distinguished. Resurgence India v. Election Commission of India and Another, 2013 INSC 617 : [2013] 9 SCR 360; Krishnamoorthy v. Shivakumar and Others, 2015 INSC 960 : [2015] 4 SCR 987; Union of India v. Association for Democratic Reforms, 2002 INSC 253 : [2002] 3 SCR 696; Kisan Shankar Kathore v. Arun Dattatray Sawant & Others, 2014 INSC 384 : [2014] 7 SCR 258; People’s Union for Civil Liberties (PUCL) v. Union of India and Another, 2023 INSC 176 : [2023] 3 SCR 985; Sri Mairembam Prithviraj @ Prithviraj Singh v. Shri Pukhrem Sharatchandra Singh, 2016 INSC 1000 : [2016] 9 SCR 687 – referred to. List of Acts Negotiable Instruments Act, 1881; Madhya Pradesh Municipalities Act, 1961; Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994. List of Keywords Election petition; Non-disclosure; Criminal antecedents; Declaration of criminal antecedents; Article 19(1)(a) of the Constitution of India; [2025] 12 S.C.R. 3 Poonam v. Dule Singh & Ors. False and incorrect information; Non-compliance of the provisions of Rule 24-A of the Rules of 1994; Affidavit; Moral Turpitude; Material information. Case Arising From EXTRAORDINARY APPELLATE JURISDICTION: Special Leave Petition (Civil) No. 12000 of 2025 From the Judgment and Order dated 25.03.2025 of the High Court of Madhya Pradesh at Indore in CR No. 213 of 2025 App
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