PIL in High Court for lifetime electoral ban on convicts

The Delhi high court on Friday posted for August 24 a PIL seeking to declare as unconstitutional certain provisions of the Representation of Peoples Act that allow a convicted person to contest elections six years after their conviction.

The plea filed by advocate Ashwini Upadhyay said convicted people should be barred for their lifetimes from contesting elections. The petitioner said sections 8 and 9 of the Representation of the People Act 1951 should be declared unconstitutional and void as they restrict disqualification period up to six years only.

Disqualification rule for convicted person cannot be applied differently on executive, judiciary and legislature, it said.

“Hence section 8 and section 9 of the Part-II, Chapter-III (disqualification for membership of parliament and state legislature) of the Representation of the People Act 1951, is violative of the fundamental rights, unconstitutional and inconsistent with Article 13 and 14 of the Constitution of India,” the plea stated.

In the executive and judiciary, when one is convicted for any criminal offence, he or she is suspended automatically and their services are terminated for lifetime. 

However, this rule is applied differently in case of a convicted person in a legislature, said the plea. Even after conviction and undergoing sentence, one can form a political party, become the office bearer of a political party, contest the election, and become member of legislature after expiry of six years from the date of their conviction, Upadhyay said.