New Delhi: With a view to decriminalising politics, the Supreme Court on Friday issued notice to the Centre and the Election Commission on a PIL seeking a ban on convicted persons from forming a political party and becoming its office-bearer.
A three-judge Bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud initially told senior counsel Siddharth Luthra appearing for petitioner Ashwini Kumar Upadhyaya, BJP spokesperson, “We can’t impose a law on Parliament when such a prohibition is not there in the law.”
The bench, however, said it would examine whether could court empower the Election Commission to de-register political parties which are headed by convicted persons.
At present, the Election Commission has the power only to recognise a political party but not to de-recognise it for various reasons.
The petitioner cited the instance of Lalu Prasad Yadav, O.P. Chautala and Sasikala who have been convicted for major scams but still holding highest political post. Similarly, charges have been framed by the Court in serious cases against Suresh Kalmadi, A. Raja, Jagan Mohan Reddy, Madhu Koda, Ashok Chavan, Akabaruddin Owaisi, Kanimozhi, Mayawati and many others who are holding top posts in the parties.
The bench, while seeking response, said it would examine Section 29 (A) of the Representation of the People Act (RPA) as to whether the ECI is empowered to derecognise the political party formed by a convicted person. Appearing for the petitioner, senior advocate Sidharth Luthra submitted that if a convicted person in a criminal case gets disqualified to contest election, he should not be allowed to head a political party.
The CJI asked the counsel whether the court could restrain someone from propagating his political views though his party.
