The Supreme Court on Thursday dismissed a contempt of court petition which alleged a failure to properly enforce directions issued in 2018 by the top court to ensure the disclosure of assets belonging to those who contest elections [Lok Prahari vs Dr Rajiv Mani].
A Bench of Justices JB Pardiwala and KV Viswanathan today examined a reply filed by the Central government in the matter and found that there was no wilful disobedience of the Court's 2018 judgment in Lok Prahari v. Union of India.
"We don't think there is any contempt. It depends on nature of directions and how to implement those directions. There is no wilful disobedience," observed Justice Pardiwala.
In its 2018 Lok Prahari judgment, the top court had held that non- disclosure of assets and sources of income of electoral candidates as well as their associates would constitute a corrupt practice, which could lead to disqualification.
In effect, the Court called for the disclosure of assets not just of electoral candidates but also of their spouses and dependents.
In 2024, a contempt of court petition was filed alleging a failure to properly enforce the 2018 judgment.
During today's hearing, Lokpal's General Secretary flagged that an amended plea in the matter called for a permanent mechanism to monitor legislators whose assets rise by 100 per cent between elections. He suggested that such cases could be referred to the Lokpal.
The Court, however, declined to issue any further direction after noting that there is no wilful disobedience of the 2018 judgment on asset disclosure by electoral candidates. It proceeded to dismiss the contempt plea.
"Mr. SN Shukla, General Secretary of the Lokpal, submitted that the Union is in contempt. Mr. Nataraj, learned ASG, submitted that there is no contempt and that an appropriate reply has been filed and placed on record. He took us through the relevant contents of the reply, particularly the portions explaining the developments that have taken place. In view of the above, we are of the view that no case of contempt is made out. The petition is accordingly dismissed," the Court's order said.
[Live Coverage]