New Delhi: The Supreme Court on Monday observed that purity of democracy cannot be maintained if convicted leaders who are disqualified from contesting elections, head political parties and are allowed to choose candidates to contest elections.
Brushing aside the submissions of additional solicitor general Pinky Anand that the court cannot interfere and legislate in this matter, a three-judge Bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud de-cided to examine whether Section 29 (A) of the Rep-resentation of the People Act (RPA) as to whether the ECI is empowered to derecognise a political party formed by a convicted person. It would also examine the issue to restrain the convicted person from becoming the office-bearer of the party.
The CJI orally observed, “How can a convicted person be an office-bearer of a political party and select candidates to contest elections. How is it possible that such disqualified leaders can decide as to who shall be the candidates to contest elections. How can the purity of democracy be maintained? They can form an association but can they head a party is the question.”
The EC filed an affidavit that it was supporting the ban and pleaded for powers to deregister a party if a convicted politician heads it. The commission pointed out that only if it had such a power, there could be de-criminalisation of politics. The commission said it had made a recommendation to the Centre as early as in 1998 to deregister such parties, which are headed by disqualified convicted persons, but the Centre was yet to respond. It said if there is power to register, there must be a corresponding power to deregister a party.
The petitioner, BJP advocate Ashwini Kumar Upadhyaya cited the instances of Lalu Yadav, and Sasikala who have been convicted of major scams, but still holding highest political posts.
