The Supreme Court on Wednesday decided to examine a PIL to debar all those persons against whom charges have been framed in serious offences from contesting election in accordance with the recommendations of the Law Commission's 244th report.
A court frames charges against an accused after taking a prima facie view of the charge sheet filed in a case. With this, a formal trial is started by allowing deposition by witnesses.
Taking up a plea by BJP leader and advocate Ashwini Kumar Upadhyay a bench of Justices K M Joseph and Hrishikesh Roy issued notice to the Union government's Law and Justice and Home Ministries, and the Election Commission (EC).
The petitioner sought a direction to the EC to use its plenary power conferred under Article 324, to amend the Election Symbols (Reservation and Allotment) Order 1968, to insert such a restriction for the contestants.
The petitioner claimed there have been increase of number of candidates who declared criminal cases against them. Out of 539 winners of 17th Lok Sabha, 233 (43 per cent) declared criminal cases against themselves. After 2014 Lok Sabha elections, 185 (34 per cent) winners had declared criminal cases.
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.
In fact, legislators are not only public servant but also law makers hence must comport higher ethics and morality, Upadhyay's plea stated.
(Published 28 September 2022, 13:02 IST)
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