Moral Turpitude - The Legal Chamber

The Supreme Court held that a candidate's non-disclosure of a subsisting criminal conviction in the mandatory election affidavit, as required under Rule 24-A of the relevant rules, constitutes a fundamental breach. This failure vitiates the nomination process itself, rendering the election void under Section 22(1)(d) of the M.P. Municipalities Act, as it violates the voters' constitutional right to informed choice under Article 19(1)(a). Facts Of The Case: The petitioner, Poonam, was elected as a Councillor from Ward No. 5 of Nagar Parishad, Bhikangaon in October 2022. However, her election was challenged by the first respondent, Dulesingh, on the ground that she had failed to disclose a previous conviction in her nomination affidavit. Specifically, on August 7, 2018, Poonam ...

The Supreme Court acquitted the appellant of charges under Section 8(2) of the Goa Children's Act, 2003, ruling that a single, incidental act of hitting a child with a school bag during a scuffle, absent evidence of deliberate cruelty or sustained maltreatment, does not meet the legal definition of "child abuse." The Court also set aside the conviction under Section 504 IPC, finding no intent to provoke a breach of peace. However, convictions under Sections 323 and 352 IPC were upheld, with the appellant granted probation. Facts Of The Case: On February 1, 2013, an incident occurred on the premises of St. Ann’s School in Goa involving the appellant, Santosh Khajnekar. He was alleged to have hit a child with a school bag belonging to his own son during a sudden altercation. The Fi...

Tag: Moral Turpitude

No Hiding Criminal Past: Supreme Court Says Undisclosed Conviction Makes Election Null & Void

Landmark Ruling: Supreme Court Says Not Every Act Against a Child is “Abuse”