In Chandrikaben Kishor Dafda v. State of Gujarat & Anr., the Supreme Court held that candidates contesting Gujarat municipal elections are required to disclose assets exclusively owned by their spouses in their election affidavits.

The ruling came in an appeal filed by Chandrikaben Kishor Dafda, who contested the 2015 Gujarat municipal elections and argued that she was not required to disclose properties standing solely in her husband’s name.

A Division Bench comprising Justice Sanjay Karol and Justice N. Kotiswar Singh held that Rule 7-A of the Gujarat Municipalities (Conduct of Elections) Rules, 1994 mandates candidates to disclose the assets of themselves, their spouses, and their dependants, and does not exempt properties owned independently by a spouse.

The Court rejected the appellant’s contention that the wording of Rule 7-A excluded assets solely owned by the spouse. It observed that the phrase requiring disclosure of the assets of “myself, my spouse and dependants” clearly extends to all three categories, and the grammatical placement of a comma does not create any exception for a spouse’s independently owned property.

However, the Court also held that the Representation of the People Act, 1951 (RP Act) does not govern municipal elections. It found that the Magistrate had erroneously taken cognizance under Section 125-A of the RP Act, even though the alleged offence related to a municipal election conducted under the Gujarat Municipalities Act, 1963.

Relying on Section 465 of the Code of Criminal Procedure, 1973, / Section 511 of BNSS, 2023, the Court held that taking cognizance under an incorrect statutory provision is a curable irregularity and does not automatically invalidate the proceedings unless it results in a failure of justice.

Accordingly, the Supreme Court remanded the matter to the Magistrate for taking fresh cognizance under the appropriate law, while clarifying that it had expressed no opinion on the merits of the allegations.

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