Civil Appeal No.188 of 2019
9
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it would also entail such penalty as is of filing a false affidavit
before this Court. Admittedly, Respondent No.1 filed such
affidavit which was not true and was patently deficient insofar
as it failed to accurately disclose all assets of Respondent
No.1.
8.
Section 137(4) of the Act provides that where a
Member submits a statement of assets and liabilities which is
found to be false in material particulars, he may, within 120
days from the date of submission of the statement be
proceeded against for committing the offence of corrupt
practice. While it is correct that the Returning Officer has
been given the power to allow correction of mistakes, errors
and omissions in the nomination papers within a specified
time but in the instant case no attempt was made to correct
such omission at any stage.
9.
Section 156 of the Act provides the grounds for
declaring election of a Returned Candidate as void. Grounds
“a” and “c” stipulate that:
10.
“(a)
the nomination of the returned candidate was
invalid or
(c)
the election of the returned candidate has
been procured or induced by any corrupt or
illegal practice”.
In terms of Section 137(4) of the Act reproduced
above, submission of a statement of assets and liabilities,
which is found to be false in material particulars constitutes
corrupt practice. More importantly, the declarations given by
Respondent No.1 under solemn affirmation as part of his
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