Supreme Court holds a private person can complain against a candidate's false affidavit under Section 125A of the Representation of the People Act

19 October 2026

The Supreme Court held that a private individual may file a criminal complaint against an elected candidate under Section 125A of the Representation of the People Act, 1951, which punishes a candidate who knowingly furnishes false information or conceals information in a nomination paper or affidavit. The bench of Justice Dipankar Datta, who wrote the judgment, and Justice Sheel Nagu held that the bar in Section 195(1) of the Code of Criminal Procedure, 1973, which requires a complaint by a public servant for certain offences, does not apply. The Court noted that Section 125A is not listed in Section 195 and treated the omission as deliberate, since Section 125A was introduced in 2002 and Section 195 was amended in 2006. It also relied on the opening words of Section 125A, which operate notwithstanding anything contained in any other law, and said Election Commission guidelines and press notes do not bind courts interpreting a statute. The case is Rajkumar Madki versus Dr. Shailendra Beldale, reported as 2026 LiveLaw (SC) 1069. The Court rejected the High Court's reasoning but upheld its order quashing the complaint, finding the claim about the candidate's residential address prima facie rebutted by the documents on record.