presidential candidates and this aids in their participation in the
governance of the nation. That this is even more applicable to the
Republican President.
[10] In so arguing, the Petitioner called in aid decided cases from
other jurisdictions in which courts have had occasion to pronounce
themselves on the rationale behind the declaration of assets and
liabilities. That in Wypych v Poland1, the European Court of Human
Rights ruling on the admissibility of a complaint raised by a
municipal leader asserting that the requirement to furnish his
financial information was an unjustifiable infringement of his right
to privacy, opined as follows:
Finally, with regard to public access to the declarations...the Court
considers that this is a safeguard to ensure that the obligation to make
declarations available is subject to public scrutiny. The general public has
a legitimate interest in ascertaining that local politics are transparent
and internet access to the declarations makes access to such information
effective and easy. Without such access, the obligation would have no
practical importance or genuine incidence on the degree to which the
public is informed about the political process.
[11] In Union of India v Association for Democratic Reforms and
People's Union for Civil Liberties2 the Supreme Court of India
observed that voters and the public have a right to know relevant
particulars of candidates in an election. Further, that this included
information on assets and liabilities of candidates contesting
elections to parliament.
[12] The Petitioner also cited the national values of democracy,
constitutionalism, good governance and integrity outlined in Article
8 of the Constitution. He argued that openness and transparency
J6
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