38.6c New Delhi, India, Thursday, July 25, 2024
Judiciary

SC Refuses to Entertain Plea Seeking Ban on Persons with Criminal Antecedents From Contesting Elections

By Twinkle Agarwal      17 November, 2020 05:43 PM      0 Comments
SC Refuses to Entertain Plea Seeking Ban on Persons with Criminal Antecedents From Contesting Elections

An issue was raised before the Supreme Court by Advocate SN Shukla to put a ban on persons from contesting elections who have been charge-sheeted by courts or have been convicted with imprisonment for over 5 years. He said that the number of people with a criminal background is increasing in the parliament and hence some new rules must be made regarding their disqualification to hold elections. He also pointed Section 100 of The Representation of the People Act, 1951 which too provides for the grounds for declaring election to be void. 

On November 16, 2020, the Supreme Court comprising the bench of Justices L. Nageswara Rao, Hemant Gupta, and Ajay Rastogi refused to entertain the petition and held that no new rules can be introduced and that people with criminal background cannot be disqualified from contesting elections. It held that since the matter was the domain of the parliament, the petitioner could follow any remedy available for bringing into force the directions issued earlier by the court. 

Shukla pointed out that the parliament will never pass any such law as it is already filled with criminals majority. Earlier also it had failed to implement the recommendation given by the top court in the Public Interest Foundation of India vs Union of India. 

But the court keeping in view the petition asked the parliament to make laws that would prevent any candidate who is accused of serious crime from entering politics. 



Share this article:



Leave a feedback about this
TRENDING NEWS

investor-vishvanidhi-dalmia-accused-of-collusion-in-nsel-scam-maharashtra-govt-affidavit-reveals
Trending Judiciary
Investor Vishvanidhi Dalmia accused of collusion in NSEL Scam, Maharashtra Govt Affidavit reveals [Read Affidavit]

Investor Vishvanidhi Dalmia accused of colluding with NSEL's prime accused Jignesh Shah, as revealed in Maharashtra Government's affidavit filed in Bombay High Court.

24 July, 2024 09:34 AM
sc-declines-re-test-of-neet-ug-2024
Trending Judiciary
SC declines re-test of NEET UG, 2024

SC declines re-test for NEET UG 2024 due to insufficient evidence of systemic paper leak, affecting only 155 students and preserving the sanctity of the exam.

24 July, 2024 10:00 AM

TOP STORIES

supreme-court-allows-compounding-of-offence-in-cheque-dishonour-case
Trending Judiciary
SUPREME COURT ALLOWS COMPOUNDING OF OFFENCE IN CHEQUE DISHONOUR CASE [Read Judgement]

Supreme Court allows compounding of offence in cheque dishonour case, emphasizing the priority of compensatory aspects over punitive in settlements.

19 July, 2024 09:12 AM
allahabad-hc-directs-passport-authority-to-decide-on-application-without-prior-court-permission-in-pending-criminal-cases
Trending Judiciary
Allahabad HC directs Passport Authority to decide on application without prior court permission in pending criminal cases [Read Order]

Allahabad HC directs Passport Authority to decide applications without prior court permission for individuals with pending criminal cases within a specified timeframe.

19 July, 2024 10:03 AM
restrictions-in-law-not-to-prevent-constitutional-court-from-granting-bail-if-right-to-speedy-trial-infringed-sc
Trending Judiciary
Restrictions in law not to prevent constitutional court from granting bail if right to speedy trial infringed: SC [Read Judgement]

SC affirms constitutional courts can grant bail despite restrictive laws if the right to a speedy trial under Article 21 is infringed.

19 July, 2024 10:17 AM
sexual-harrasment-charges-against-wb-governor-sc-to-examine-constitutional-immunity
Trending Judiciary
Sexual harrasment charges against WB Governor: SC to examine constitutional immunity

The Supreme Court will examine a plea to investigate sexual harassment allegations against West Bengal Governor C V Ananda Bose, challenging his constitutional immunity.

19 July, 2024 01:46 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email