NEW DELHI, 26 February (H.S.) : After the order of the
Supreme Court, the Central Government has filed its reply in the matter of
contesting elections in criminal cases. In response, the Center said that
politicians convicted in criminal cases cannot be banned from contesting
elections for life after serving their sentence.
Recently, the Supreme
Court had sought an answer from the Central Government whether guilty MPs and
MLAs should be banned forever from contesting elections. Now an affidavit has
been filed by the Central Government on this matter. The reply said that
politicians convicted in criminal cases cannot be banned from contesting
elections for life after serving their sentence.Under the current law, if there is a punishment of 2
years or more in criminal cases, there is a ban on contesting elections till 6
years after the completion of the punishment period.
In the reply it was told
that the Parliament has decided the arrangement keeping in mind the
circumstances. The conditions for disqualifying someone from the House are also
clear. Various aspects have been presented vaguely in the petition filed by the
petitioner. The Central Government has demanded the Supreme Court to reject the
petition filed in 2016.
The Supreme Court, while
seeking response from the government and the Election Commission on this
matter, had said that if a government employee is convicted, he is out of
service for life, then how can the convicted person return to Parliament?How can law breakers be engaged in the process of making
laws?
Advocate Ashwini Upadhyay
had filed a PIL in 2016, the constitutional validity of Sections 8 and 9 of the
Representation of the People Act 1951 has been challenged. On behalf of the
petitioner, it was said that political parties should explain why they are not
able to find people with a clean image.In his petition, petitioner Ashwini Upadhyay has demanded
a lifetime ban on the guilty politicians and speedy disposal of the cases
pending against them in different courts.
Hindusthan Samachar / Meenakshi Bhattacharya