‘Chargesheeted person should be barred from polls’
21 Aug 2013 5:25 AM IST
The Election Commission of India wants to bar those against whom charges have been framed in a criminal case from contesting polls. The commission on Monday told the Supreme Court that the doctrine that a person is presumed innocent until proven guilty should not be applied to the right of a person to contest election.
A bench headed by Justice R M Lodha has asked the government to file its response on the issue. The court was hearing a Public Interest Litigation (PIL) seeking direction to debar people with criminal backgrounds from contesting polls.
Hearing the matter, the bench expressed its concerns over such provisions being misused. It said that the objective is to bring purity in election and it has to also take care that the process is not misused. It said that it wants to ensure that criminals do not enter legislative bodies but it has to be done by legislation.
The poll panel told the court that framing of a charge is done after judicial scrutiny of the evidence and the accused person should not be allowed to contest election as he ceases to have requisite excellence and integrity for public office. ‘It is stated that where a person has been accused of serious criminal charges and where the court is prima facie satisfied about his involvement in the crime and consequently charges have been framed against such person, then in such cases, keeping such person out of the electoral arena would constitute a reasonable restriction for serving the larger public interest,’ it said in its affidavit.
It further said, ‘At this juncture, the integrity and character of the accused is under scrutiny and he ceases to have requisite excellence and integrity to be considered as a candidate for a high public office involved in the administration of the country’.
The apex court, on 10 July, had in a verdict held lawmaker convicted for any criminal offence and getting punishment of two years or more will be disqualified from the date of conviction. The court had declared a provision in the Representation of the People Act (RP Act) ultra vires which said that a convicted legislator can continue in office if he or she appeals in a higher court within three months of the conviction. The same bench had also held that a person in jail or in police custody cannot contest election.
On both verdicts, the political class, cutting across party lines, got united and this forced the government to file a review petition in the court. The apex court agreed to hear the review petition.
A bench headed by Justice R M Lodha has asked the government to file its response on the issue. The court was hearing a Public Interest Litigation (PIL) seeking direction to debar people with criminal backgrounds from contesting polls.
Hearing the matter, the bench expressed its concerns over such provisions being misused. It said that the objective is to bring purity in election and it has to also take care that the process is not misused. It said that it wants to ensure that criminals do not enter legislative bodies but it has to be done by legislation.
The poll panel told the court that framing of a charge is done after judicial scrutiny of the evidence and the accused person should not be allowed to contest election as he ceases to have requisite excellence and integrity for public office. ‘It is stated that where a person has been accused of serious criminal charges and where the court is prima facie satisfied about his involvement in the crime and consequently charges have been framed against such person, then in such cases, keeping such person out of the electoral arena would constitute a reasonable restriction for serving the larger public interest,’ it said in its affidavit.
It further said, ‘At this juncture, the integrity and character of the accused is under scrutiny and he ceases to have requisite excellence and integrity to be considered as a candidate for a high public office involved in the administration of the country’.
The apex court, on 10 July, had in a verdict held lawmaker convicted for any criminal offence and getting punishment of two years or more will be disqualified from the date of conviction. The court had declared a provision in the Representation of the People Act (RP Act) ultra vires which said that a convicted legislator can continue in office if he or she appeals in a higher court within three months of the conviction. The same bench had also held that a person in jail or in police custody cannot contest election.
On both verdicts, the political class, cutting across party lines, got united and this forced the government to file a review petition in the court. The apex court agreed to hear the review petition.
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