False Declaration Of Own Educational Qualification Not 'Corrupt Practice' U/S 123(4) RP Act: Delhi High Court

The Delhi High Court has held that a false declaration regarding one's own educational qualification in the nomination affidavit does not amount to a “corrupt practice” under Section 123(4) of the Representation of the People Act, 1951.

A division bench of Justices Dinesh Mehta and Vinod Kumar made the observation while answering a reference arising from an election petition challenging the election of a candidate from the Karol Bagh Assembly constituency in the 2020 Delhi Legislative Assembly elections.

The election petitioner had sought to set aside the election of the returned candidate on the ground that he had furnished false information regarding his educational qualification in Form 26 filed along with his nomination papers.

It was alleged that the candidate misrepresented his qualification with an intent to mislead voters and thereby materially affect the election outcome.

The petitioner invoked Section 123(4) of the RP Act, contending that such false disclosure amounted to a corrupt practice.

The Court answered the issue in the negative, holding that Section 123(4) is attracted only when a candidate makes a false statement about another candidate, with the intent to prejudice that candidate's electoral prospects.

It noted that the provision requires:

• a false statement of fact,
• publication by a candidate or his agent,
• such statement to relate to the personal character or conduct of another candidate, and
• an intention to prejudice that candidate's election prospects.

The bench emphasised that the statutory language clearly contemplates statements made against other candidates, and not self-declarations.

“By no stretch of imagination, a candidate can/would level allegation against himself, that too with a view to prejudice his own prospects…The petitioner‟s case as framed cannot continue any further, because, the allegation of corrupt practice is with respect to the educational qualification of the respondent No.1 himself, which does not fall foul to the provision encapsulated in sub-section (4) of Section 123 of the RP Act,” the Court said.

Reliance was placed on Ajmera Shyam v. Smt. Kova Laksmi & Ors. (2025) where it was observed that while disclosure of criminal antecedents in the electoral process is the most critical element to maintain the purity of the electoral process which has to be scrupulously adhered to, disclosure of assets and educational qualifications are considered as attending supplementary requirements to strengthen the electoral process.

“This disclosure requirement as far as assets and educational qualification is concerned, should not be unreasonably stretched to invalidate an otherwise validly declared election over minor technical non-compliances that are not of substantial character, and should not be the basis for nullification of the people's mandate,” it was held.

The Court further observed that a declaration made in a nomination form or affidavit cannot, by itself, be treated as “publication” within the meaning of Section 123(4), which contemplates dissemination of false statements to the public at large.

As such, the Court held that “allegation of furnishing false declaration and documents in relation to educational qualification of the candidate himself/herself does not constitute a corrupt practice within the meaning of sub Section (4) of Section 123 of the Act of 1951.”

Appearance: Mr. Arvind Kumar Gupta, Mr. C.Prakash, Mr. Abhiesumat Gupta, Ms. Anushree Rawat, Mr. Shrey Tanwar, Ms. Shreja Saini, Mr. Abhishek Rana, Mr. T.Parth, Mr. Rajesh Yadav and Mr. Ankit Verma, Advs. for Petitioner; Mr. Anupam Srivastava, Sr. Advocate with Mr. Rishikesh Kumar, Ms. Rohini Prasad, Ms. Ashika Ranjan and Ms. Samriddhi Srivastava, Advs. for Respondents

Case title: Yogender Chandolia v. Vishesh Ravi & Ors.

Case no.: EL.PET. 10/2020

Click here to read order