• Who can file a criminal case in the event of filing false declaration

Dear Sir,
Who can file a criminal case if the winning candidate has filed a false declaration regarding his Educational qualification and immovable property in the Panchayat elections.  I belong to the neighbouring village. Please advise
Asked 1 year ago in Criminal Law from Mangalore, Karnataka
Religion: Hindu
1. Anybody from the general public including the losing candidate can initiate the criminal prosecution of the candidate who furnished a false declaration regarding his educational qualifications and the assets owned by him.

2. In addition to above, his election can also be challenged in the court.
Ashish Davessar
Advocate, Jaipur
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What type of criminal case do you intend to file against the winning candidate?
You can lodge a complaint with the Election commissioner against the candidate for his acts of fraud or suppressing facts material for declaration.
You  can even file a petition before the sessions court under election declaration petition to declare the election as null and void for the reasons quoted therein. 
T Kalaiselvan
Advocate, Vellore
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Yes you can file the case if have the evidence.
Nadeem Qureshi
Advocate, New Delhi
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137 Consultations
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