No lifetime bans on contesting elections, Central government's affidavit in Supreme Court on guilty politicians
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 convict
Supreme Court


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


 rajesh pande