Dasanglu Pul v. Lupalum Kri

In Dasanglu Pul v. Lupalum Kri (decided on 19 October 2023), the Hon’ble Supreme Court offered an important clarification on the legal standing of a legal heir certificate and its implications in election law.

The case revolved around Dasanglu Pul, the third wife of late Arunachal Pradesh Chief Minister Kalikho Pul, whose 2019 election victory was challenged for allegedly suppressing details of her husband’s properties in her nomination affidavit. The challenger claimed that a legal heir certificate had earlier recognized the first wife as the legitimate successor, and that Pul’s non-disclosure amounted to a material defect warranting annulment of her election.

The Hon’ble Supreme Court, however, restored Pul’s election, holding that a legal heir certificate does not create ownership rights. It merely serves as an administrative recognition of heirs for limited purposes such as pension or employment benefits. The Hon’ble Court observed that since Pul had no subsisting claim or title to her late husband’s assets, particularly when the succession dispute was still pending, her marking “not applicable” in the property column could not be treated as a deliberate concealment.

The judgment sends a strong message that procedural instruments like legal heir certificates cannot override substantive property or succession rights. It reinforces that form should not triumph over substance in election disputes and that every allegation of non-disclosure must be evaluated in light of genuine entitlement, not technical formalities.

Source

https://www.casemine.com/judgement/in/6531848f121c2e46e5ed0f5d?utm