Government evades question on verification of candidates affidavit during polls, says matter is sub judice

The government evaded a question on creating a mechanism to verify candidate’s affidavits during elections. Union Law Minister Arjun Ram Meghwal in a response to a question by Congress president and Rajya Sabha MP Mallikarjun Kharge only stated that the matter was sub judice in Allahabad High Court.

Mr. Kharge had asked the Ministry of Law and Justice if the government has taken note of the committee’s observation that responses from both the government and the Election Commission on creating a mechanism to verify candidate’s affidavits were non-committal.

He further asked if the government proposes to revisit those recommendations for a transparent affidavit verification system using technology and real-time data checks. He questioned whether consultations have been held with the Election Commission or other agencies on the matter and if so, the details thereof and by when the verification mechanism would be put in place.

Mr. Meghwal in his written response said that the matter pertaining to the mechanism of verification of candidates’ affidavit is presently sub judice before the Allahabad High Court, Lucknow Bench, in Public Interest Litigation (PIL).

A division Bench of the Allahabad High Court, in August, had observed that prima facie it appears that the EC is the statutory body that is responsible for making the asset verification reports (received from the Central Board of Direct Taxes, CBDT) public. Bench of justice Manjive Shukla and Ranjan Roy hence sought an affidavit from the EC with explanation on why the verification reports of candidate’s affidavits, mandated to be made public by Supreme Court in 2018, have not been published until now.

The ECI, in the past, has claimed that the same has to be done by the Income Tax department.