YouTube
Print
November 07 2025TRANSPARENCY, ETHICS, AND REPRESENTATION: THE ROLE OF ADVOCATE–CLIENT COMMUNICATION IN ELECTORAL AFFIDAVITS
1. FACT OF CASE The dispute originated from a municipal election in which a candidate was elected as a councillor. Before contesting, the candidate had previously been convicted under the Negotiable Instruments Act for dishonour of cheque and sentenced to one year’s imprisonment. However, while submitting the nomination form for the election, this conviction was not disclosed in the affidavit required under the relevant election rules. A rival candidate later challenged the election, alleging suppression of material information. The trial court held that the failure to disclose the conviction violated the rules governing elections and declared the election void. The High Court affirmed this decision. The aggrieved councillor then approached the Supreme Court through a Special Leave Petition under Article 136 of the Constitution of India. 2. ISSUE BEFORE THE COURT The Supreme Court was called upon to determine whether non-disclosure of a conviction—later set aside in appeal—constituted a sufficient ground for disqualification and annulment of the election. The question also involved interpreting the provisions of the municipal and election laws to determine whether the omission amounted to non-compliance affecting the validity of the election. Beyond the legal technicality, the case also raised an ethical dimension concerning the duty of the advocate to communicate to the client the importance of full and truthful disclosure while preparing statutory documents such as affidavits for elections. 3. COMPLEX TERMS USED IN THE JUDGMENT The judgment involved several legal expressions essential to understand its reasoning. The phrase “materially affected” referred to whether the omission influenced the election’s outcome or deprived voters of an informed choice. “Improper acceptance of nomination” meant that the returning officer accepted a candidate’s nomination despite non-compliance with legal requirements. “Non-compliance” under the statute indicated any violation of the Act or election rules that could invalidate a result. The Court also relied on Article 136, which grants it discretionary jurisdiction to hear such petitions, and on Rule 24-A of the election rules, mandating disclosure of criminal antecedents, assets, and liabilities. Understanding these terms not only aided judicial interpretation but also highlighted how crucial it is for advocates to ensure their clients grasp the implications of each requirement before making declarations under oath. 4. CONTENTION BY THE PETITIONER The petitioner, through counsel, argued that the omission to disclose the conviction was not a material defect. The conviction, it was stated, was for a minor, compoundable offence that did not involve moral turpitude. It was further contended that since the conviction had been later set aside in appeal, it could not retrospectively render the election invalid. The petitioner maintained that there was no evidence showing that voters had been misled or that the omission had influenced the outcome. This argument reflected the defence’s attempt to treat the lapse as a technical error rather than a substantive violation. From the perspective of advocate–client communication, it also underscored how critical it is for counsel to explain that even seemingly minor omissions can have significant legal consequences. 5. CONTENTION BY THE RESPONDENTS The respondents’ counsel argued that the omission was not minor but a clear breach of the statutory duty to make full disclosure. Under the rules, every candidate must truthfully declare all past convictions and pending cases. The respondents emphasized that the conviction existed on the date of nomination and that the subsequent acquittal had no bearing on eligibility. They further contended that non-disclosure deprived the electorate of vital information necessary to make an informed decision. Their argument rested on the principle of transparency in elections—a principle that advocates must effectively communicate to their clients to ensure compliance with both the letter and spirit of electoral law. 6. LAW AND RULES DISCUSSION WITH EXAMPLE The Court referred extensively to Section 22(1)(d) of the Municipalities Act, which provides that an election shall be declared void if the result has been materially affected by improper acceptance of a nomination or by non-compliance with the Act or the Rules. The Court also analyzed Rule 24-A of the 1994 Election Rules, which obliges every candidate to file an affidavit disclosing criminal antecedents, including convictions and sentences. Failure to attach a truthful affidavit can result in rejection of the nomination. The Court drew upon earlier decisions such as Union of India v. Association for Democratic Reforms (2002) and People’s Union for Civil Liberties v. Union of India (2003), which recognized that voters have a fundamental right to know about a candidate’s background under Article 19(1)(a) of the Constitution. The Court reasoned that disclosure obligations are absolute—applying to all convictions, whether for serious or minor offences. This part of the judgment also illustrated a vital professional principle: advocates must educate clients about the mandatory nature of such legal requirements and ensure that every detail is accurately declared, regardless of its perceived importance. 7. COURT OBSERVATION (FOCUSING ON ADVOCATE AND CLIENT RELATION) In its observations, the Supreme Court emphasized the seriousness of the omission. It noted that the affidavit filed contained false verification and that the petitioner did not step into the witness box to explain the circumstances. The Court underscored that honesty in legal declarations forms the foundation of electoral and judicial integrity. It also implied that advocates share a responsibility to ensure that clients understand and comply with all statutory duties. Effective communication between lawyer and client could have prevented the omission in this case. The Court’s reasoning implicitly highlighted that advocates must not merely draft or file documents but must also confirm that their clients fully understand the meaning and consequences of each statement made in those documents. The case therefore stands as a reminder of the advocate’s role as both advisor and guardian of lawful conduct. 8. JUDGMENT (FOCUSING ON ADVOCATE AND CLIENT COMMUNICATION) The Supreme Court dismissed the appeal and upheld the lower courts’ findings. It held that the non-disclosure of the conviction amounted to false verification under the rules, rendering the nomination improperly accepted and the election void. The Court clarified that subsequent acquittal did not retrospectively cure the defect because eligibility must be judged as of the date of nomination. It further held that failure to disclose criminal antecedents deprived voters of their constitutional right to make an informed choice. From the perspective of advocate–client communication, the judgment conveys a broader ethical message. It demonstrates that inadequate explanation or misunderstanding between counsel and client can lead to serious consequences, including disqualification from public office. The case reinforces the professional duty of advocates to ensure full disclosure, accuracy, and transparency in all representations made to courts or electoral authorities. Clear, honest, and well-documented communication remains the strongest safeguard for both client and counsel against avoidable litigation and reputational harm. 9. TRIAL COURT OBSERVATION The trial court examined the election petition challenging the validity of the councillor’s election on the ground of non-disclosure of a prior conviction. After reviewing the pleadings and evidence, the court found that the elected representative had indeed been convicted under Section 138 of the Negotiable Instruments Act for dishonour of cheque and sentenced to one year of rigorous imprisonment, along with payment of compensation. This conviction was in existence when the nomination form for the municipal election was filed.The court concluded that the suppression of this fact materially affected the outcome of the election, as the nomination form had been accepted on the basis of false and incomplete information. Consequently, the candidate was found to be disqualified under the relevant provisions of the Madhya Pradesh Municipalities Act, 1961. On that basis, the trial court declared the election to be null and void and ordered that the councillor be unseated from office. CONCLUSION The judgment serves as an important reminder that the bond between advocate and client is founded on trust, truthfulness, and clarity. Every legal document, especially affidavits and nomination papers, must be prepared with meticulous attention to detail and full understanding of legal obligations. The case shows that when communication falters—when a client withholds information or when an advocate fails to explain its significance—the consequences can be severe. In a broader sense, it reinforces that the rule of law depends not only on legal provisions but also on the integrity of communication between those who seek justice and those entrusted to represent them. _________________________ CASE NUMBER:SLP 12000/2025 DATE OF DECISION:06.11.2025
Author
Adv. ALOK KUMAR
Advocate Serving Delhi NCR
Delhi High Court & District CourtsLL.B.▪︎Faculty of Law▪︎Delhi University
Comments are not allowed on this article.
