SC Upholds ‘Right To Privacy’ For Candidates In Elections

New Delhi: Supreme Court on Tuesday held that a voter has no absolute right to know about each and every asset of a candidates in elections and that the candidate has the right to privacy in matters which are irrelevant to their candidature. The top court held that candidates need not disclose each and every moveable property owned by them or their family, unless they are of substantial value or reflect a luxurious lifestyle.

The ruling came as the bench of Justices Anirudhha Bose and Sanjay Kumar set aside the order of the Gauhati High Court which had declared the election of Karikho Kri as null and void. The top court rejected the petition that contended that the voters have an right to know about assets of candidates and Kri must have revealed all details.

The bench ruled that an electoral candidate need not disclose each and every movable asset owned by himself or his family. The court said that disclosure is necessary only if the property or asset has a substantial impact on his candidature.

The court cited exaples of fancy clothing, shoes, crockery, stationery, furniture as irrelevant for disclosure unless they are of such value as to constitute a sizeable asset in itself or reflect upon his candidature in terms of his lifestyle.

The bench further said that if a candidate’s family owns several high-priced luxury watches, then they would have to be disclosed as they constitute high-value assets and depict their lavish lifestyle.