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Resurgence India Vs. Election Commission of India [13/09/13]

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[Writ Petition (Civil) No. 121 of 2008]. This writ petition, under Article 32 of the Constitution of India, has been filed to issue specific directions to effectuate meaningful implementation of the judgments rendered by this Court in Union of India vs. Association for Democratic Reforms and Another (2002) 5 SCC 294 and People's Union for Civil Liberties (PUCL) and Another vs. Union of India & Anr. (2003) 4 SCC 399 and also to direct the respondents herein to make it compulsory for the Returning Officers to ensure that the affidavits filed by the contestants are complete in all respects and to reject the affidavits having blank particulars. Background: In order to maintain purity of elections and to bring transparency in the process of election, this Court, in Association for Democratic Reforms(supra), directed the Election Commission of India-Respondent No. 1 hereinto issue necessary orders, in exercise of its power under Article 324 of the Constitution, to call for information on affidavit from each candidate seeking election to the Parliament or a State Legislature as a necessary part of his nomination paper furnishing therein information relating to his conviction/acquittal/discharge in any criminal offence in the past, any case pending against him of any offence punishable with imprisonment for 2years or more, information regarding assets (movable, immovable, bank balance etc.) of the candidate as well as of his/her spouse and that of dependants, liability, if any, and the educational qualification of the candidate.

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