- (1.) This appeal is preferred by the appellant against the impugned order dated 11.06.2013 passed by the Guwahati High Court in Election Petition No.4 of 2011 whereby the High Court dismissed the said petition filed by him.
(2.) The appellant had charged the respondent, a returned candidate, for inter alia exerting undue influence on the Electorate which amounts to a corrupt practice under section 123(2) of the Representation of People Act, 1951 (for short, the "RP Act").
(3.) The facts on which this charge was sought to be supported are, that the respondent - returned candidate had furnished incorrect and false information by stating in the statutory form submitted under section 33A of the RP Act that the offences pending against her were nil, that is, none were pending. Section 33A of the RP Act reads as under : "33A. Right to information. - (1) A candidate shall, apart from any information which he is required to furnish, under this Act or the rules made thereunder, in his nomination paper delivered under sub-section (1) of section 33, also furnish the information as to whether - (i) he is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction; (ii) he has been convicted of an offence [other than any offence referred to in sub-section (1) or sub-section (2), or covered in sub-section (3), of section 8] and sentenced to imprisonment for one year or more. (2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under sub-section (1) of section 33, also deliver to him an affidavit sworn by the candidate in a prescribed form verifying the information specified in sub-section (1). (3) The returning officer shall, as soon as may be after the furnishing of information to him under sub-section (1), display the aforesaid information by affixing a copy of the affidavit, delivered under sub-section (2), at a conspicuous place at his office for the information of the electors relating to a constituency for which the nomination paper is delivered.];