Who can file a criminal case in the event of filing false declaration
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 2 years ago in Criminal Law from Mangalore, Karnataka
Whether I can file a criminal case against that Panchayat member?
Asked 2 years ago
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.
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.
Yes you can file the case if have the evidence.
Advocate, New Delhi