SC adds punch to ballot power

The Supreme Court (SC) has stressed on giving due respect to the electorate’s will. It cautioned courts against setting aside an election merely on the ground of allegations by a defeated candidate or voter.

“Election results should not be lightly set aside and the will of the electorate should, ordinarily, be respected. Setting aside an election is a serious matter...,” said a bench headed by justice RV Raveendran, while upholding MJ Jacob’s 2006 victory from a Kerala seat.

“In a democracy, many allegations and counter-allegations are made, and sometimes these are incorrect, but that does not mean that an election should be set aside straight away,” the apex court said.

The Kerala high court had set aside Jacob’s election on a voter’s plea that the winning candidate published pamphlets accusing his rival, TM Jacob, of hiring a murder accused, harming his chances.

The HC said the allegation amounted to corrupt practices under Sec 123 of Representation of Peoples Act. This provision stipulates “publication by a candidate or his agent ... of any statement of fact which is false..., reasonably calculated to prejudice the prospects of that candidate’s election amounts to corrupt practice”.

But the SC scrapped the HC view. “The false statement should relate to the personal character or conduct of a defeated candidate. Where the false statement was about some one other than the candidate, this court has refused to consider the publication to be a corrupt practice,” the bench said.