The rules relating affidavits were amended in August 2012 allowing any person to move court directly under section 125 A of the Representation of the People Act against a candidate for filing a false affidavit or concealing information.
The poll panel said after 2012 amendments, “there is no stipulation that complaints under that section (125A) have to be made by the public servant (returning officer).”
Earlier this month, Congress had approached the Election Commission over the issue of the marital status of Narendra Modi seeking action by the poll body against the BJP leader for “hiding” facts in election affidavits filed by him in the past.
Recently, BJP leader Subramanian Swamy had moved the Commission alleging that Congress candidate from Chandni Chowk and Law Minister Kapil Sibal had “wilfully” not disclosed details of companies owned by his wife in his election affidavit.