CJI recuses from hearing PIL to bar convicted politicians from forming parties, holding posts
New Delhi: Chief Justice S A Bobde Tuesday recused himself from hearing a PIL which has alleged that convicted persons, who are barred from contesting polls under law, are either forming or heading various political parties. The CJI, who was heading the bench also comprising Justices B R Gavai and Surya Kant, told the PIL petitioner that he will not hear the case and it will be listed before another bench.
"List the matter before another Bench of which the Chief Justice is not a member," it said in the order. The petitioner said that the CJI recused himself as his lawyer-daughter had once appeared in the same matter before another bench.
The bench was to hear the plea filed by BJP leader and lawyer Ashwini Upadhyay challenging the constitutional validity of Section 29A of Representation of the People Act (RPA) which deals with the power of the poll panel to register a political party.
The top court had earlier asked the Centre and the Election Commission to consider with "due seriousness" the plea which said the convicted persons be barred from either heading or forming political parties and becoming their office-bearers for the period they are disqualified under the election law. The plea said convicted politicians, who are barred from contesting elections, can still run political parties and hold
posts in them, besides deciding as to who will become a lawmaker.
It has sought a ban on convicted persons from forming a political party and becoming office bearers for the period they are disqualified under the election laws. It has sought a direction to declare Section 29A of the RPA as "arbitrary, irrational and ultra-vires" to the Constitution and to authorise the poll panel to register and de-register political. The plea has also sought a direction to the EC to frame guidelines to decriminalise the electoral system and ensure inner party democracy, as proposed by the National Commission to Review the Working of the Constitution (NCRWC).
