AMN
The Supreme Court today came down heavily on Election Commission for not taking a clear stand on a plea seeking lifetime political ban on convicted legislators.
The Apex court said, the poll panel cannot remain silent on the matter and take a stand on it. A bench comprising Justices Ranjan Gogoi and Navin Sinha has asked the commission whether it was constrained to give its views on the matter.
Referring to the Election commissions reply, the apex court said it was clear that the poll panel has supported the cause espoused by petitioner Ashwini Kumar Upadhyay seeking a life ban on convicted politicians. When the bench asked the poll panel to clarify its stand, its lawyer said the poll panel is supporting the cause to the extent of decriminalisation of politics.
The counsel submitted that Commissions affidavit said the poll panel supports the cause but it should not be “read in isolation”. However, the counsel said the poll panel was not the “correct authority to comment on it” and they would file an additional affidavit in the apex court on the matter.
The Centre, in its affidavit, said the prayer sought by the petitioner seeking life-time bar on convicted lawmakers was not maintainable and the plea should be dismissed. The centre had said in an affidavit in April that the court should not pass orders on the issue, as it is a matter to be decided by Parliament.
The Election commission’s affidavit also said that it was in favour of setting up special courts to decide criminal cases related to people’s representatives, public servants and members of judiciary, in accordance with the spirit of the Constitution. The affidavit was filed in response to the PIL also seeks setting up special courts for such trials.
On March 3, the apex court had granted the “last opportunity” to the government and the poll panel to spell out their stand on the matter. The petition has also sought a direction to the Centre and the election commission to fix minimum educational qualification and a maximum age limit for persons contesting elections.
The bench posted the matter for further hearing on 19th of this month.