NEW DELHI: The Supreme Court is scheduled to hear on Monday a PIL by advocate Ashwini Kumar Upadhyay for debarring those persons facing trial for serious offences from contesting polls.
A bench of Justices K M Joseph and B V Nagarathna would take up the PIL on April 10.
On February 26, the court had given the Centre the final opportunity to file its reply to the PIL, while saying it is an important matter as common man is affected by corruption.
The Centre had then said it would file its response in the matter, though the issue has been covered in previous judgements. The Election Commission, for its part, had said it had raised its concern about criminalisation of politics. The issue fell under the domain of Parliament.
The apex court had on September 28, 2022, issued notice to the Union government's Law and Justice and Home Ministries, and the Election Commission on the PIL to debar all those persons, against whom charges have been framed, from contesting election in accordance with the recommendations of the Law Commission's 244 th 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.
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 raised concern on increase of number of candidates who declared criminal cases against them. Out of 539 winners of 17th Lok Sabha, 233 (43%) declared criminal cases against themselves. After 2014 Lok Sabha elections, 185 (34%) 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.
