BJP leader files PIL in SC to debar candidates with criminal charges from contesting polls

A PIL has been filed in the Supreme Court seeking a direction to the Union government to debar all those candidates against whom charges have been framed, from contesting the election, in terms of the recommendations of the Law Commission's 244th report.

Petitioner Ashwini Kumar Upadhyay, a BJP leader and advocate, in the alternative, sought a direction to the Election Commission of India to use its plenary power conferred under Article 324 for amending the Election Symbols (Reservation and Allotment) Order 1968 and insert such a condition for the contestants.

He said that the reason behind filing this petition occurred on May 25, 2019, when out of 539 winners of 17th Lok Sabha, 233 (43%) declared criminal cases against themselves.

Out of 542 winners analysed after 2014 Lok Sabha elections, 185 (34%) winners had declared criminal cases against themselves. Out of 543 winners in 2009 Lok Sabha elections, 162 (30%) winners had declared criminal cases against themselves.

"There is an increase of 44% in the number of MPs with declared criminal cases since 2009. Similarly, 159 (29%) winners in Lok Sabha 2019 Elections have declared serious criminal cases including cases related to rape, murder, attempt to murder, kidnapping, crimes against women etc," he pointed out.

The petitioner said consequences of permitting criminals to contest elections and become legislators were extremely serious for our democracy and secularism as during the electoral process itself, not only did they deploy enormous amounts of illegal money to interfere with the outcome, they also intimidated voters and rival candidates.

Upadhyay said that by raising the threshold to the stage where charges have already been framed before the restriction can operate ( debarring the candidates from contesting polls), the chances of false cases being maliciously foisted on the candidates are considerably reduced, as police have filed its charge sheet to prosecute the accused and the court has applied its mind to the police report.

The effect of the proposed direction would only be to impose an additional condition on the political party to obtain and retain the status of the “recognised national party or state party”, he added.

The petitioner said candidates for the judgeship of the superior courts or for Indian Administrative Service certainly would not be considered at all if there were criminal cases pending against them, let alone if charges had been framed in respect to serious offences.

In fact, legislators are not only public servant but also lawmakers hence must comport higher ethics and morality, his plea stated.

The Law Commission, in its 244th report favoured for debarring candidates with criminal antecedents with an additional condition that charges should have been framed at least one year before the scrutiny of nominations.