SC verdict likely today on pleas seeking disqualification of lawmakers on framing of charges
September 25, 2018 08:34
The Supreme Court is likely to pronounce its verdict today on a batch of pleas raising a question whether lawmakers facing criminal trial can be disqualified from contesting elections at the stage of framing of charges against them.
Presently, lawmakers are barred under the Representation of Peoples Act from contesting elections only after their conviction in a criminal case.
A five-judge Constitution bench, headed by Chief Justice Dipak Misra, had reserved its verdict on August 28 and is slated to pronounce the verdict today.
The bench, also comprising Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, had earlier indicated that voters have a right to know the antecedents of candidates and the Election Commission could be asked to direct political parties to ensure that persons, facing criminal charges, do not contest on their tickets using their poll symbols.
The Centre has contended that the judiciary should not venture into the legislative arena by creating a pre-condition which would adversely affect the right of the candidates to participate in polls as there was already the RP Act which deals with the issue of disqualification.
The apex court had observed earlier that persons facing criminal charges would be free to contest, but they cannot do so on a party ticket under its election symbol.
-- PTI
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