It was urged, while it is undoubtedly important to respect popular will and Courts ought to be slow in upsetting them, equally it is important to maintain purity of an election process. Courts are, hence, duty bound to examine allegations without being unduly hyper-technical in their approach.

Bhim Rao Baswanth Rao Patil defeated K. Madan Mohan Rao by a margin of 6229 votes. K. Madan Mohan Rao contends, earlier conviction in cases concerning violation of The Minimum Wages Act, 1948 and The Payment of Wages Act, 1936 was not disclosed. Bhim Rao Baswanth Rao Patil contends, no disclosure of this kind was needed or essential as per Section 33A of The Representation of People Act, 1951.

Somewhat paradoxically, right to vote has not been recognized as a fundamental right yet. It is termed as a ‘mere’ statutory right. An elector or voter’s right to know about full background of a candidate – evolved through Court decisions – is an added dimension. Court is of opinion, if Bhim Rao Baswanth Rao Patil’s contentions were to be accepted, there would be a denial of a full-fledged trial.

High Court cannot be faulted.

– Hon’ble Justice S. Ravindra Bhat, Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao, [Special Leave Petition (Civil) No. 6614 of 2023].