Wrong info on income could land politicians in jail

Wrong info on income could land politicians in jail
Mahalingam Ponnusamy TNN, 23 nov 2011, chennai edition,page no.8

Chennai: More than 50 MLAs of the previous assembly who contested in the 2011 assembly elections have not given their total income in the affidavit filed before the election commission. And legal experts say that they can be prosecuted for giving a false statement in a sworn affidavit.
Chief electoral officer Praveen Kumar insists that the total gross income should be declared in the affidavit, whereas many candidates have chosen to declare only their taxable income. Some have not declared their agricultural income, which is non-taxable.
“Anyone can file a criminal case under the Representation of the People Act, 1951, against those who produce wrong information in their affidavit and if found guilty they can be put behind bars for a year,” said chief electoral officer Praveen Kumar.
But he added that the election commission does not have any role in checking the veracity of the information filed in the affidavits.
He said that a recent Supreme Court order allows the returning officer to accept the wealth details of the candidates without verification but other grounds like age and community must be verified.
Representation of the People Act, Chapter III (electoral offences), Section 125A speaks about the penalty for filing false affidavits. The section explains that a person who “…fails to furnish information relating to subsection (1) of section 33 A (asserts) or gives false information which he knows or has reason to believe to be false, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both,”
These offences are also punishable with a fine under Section 171 (G) of the Indian Penal Code that deals with elections.
D Nagasaila, an advocate with the People’s Union for Civil Liberties, said there is no mechanism to check and ensure that the data furnished by the candidates are genuine.
“Candidates feel encouraged to give wrong information since there is no follow up action on the affidavits,” Nagasaila told Times Of India.
LAWFUL ACTION

• Under the Representation of the People Act, 1951, anyone can file a criminal case against those who give wrong information in their sworn affidavit

• Section 125A of the act says if found guilty, defaulters can be put behind bars

• These offences are also punishable with a fine under Section 171 (G) of the Indian Penal Code that deals with elections

• However, the election commission does not have any role in checking the veracity of the information filed in the affidavits

• A recent SC order allows the returning officer to accept wealth details of candidates without verification but other grounds like age and community must be verified