SC order debaring Election on mere framing of Charge is prone to misuse, Parliamentary Panel

August 23,2017:

As of now a candidate is disqualified from contesting if he or she is convicted by a Criminal Court.

There are apprehensions that disqualifying candidates from contesting polls from the day charges are framed against them in the Court as this may be misused by a party in power if put into effect stated the Parlimentary Committee while make observation on Supreme Courts decision.

Parliamentary Standing Committee on Law and Personnel, while examining the electoral reforms, asked the Political parties to send their feedback on Apex Court's observation.

The email stated that,"It has been apprehended that the process of framing of the charges and thereafter being automatically disqualified are likely to be misused, particularly by party in power. Please comment".

Currently, the candidate is disqualified from contesting for a certain period if he or she is convicted by the court. The present position is also based on a July 2013 SC judgement.

Politicians like Lalu Prasad are barred from standing for an election on basis of the Supreme Court's order.

Earlier this month, Supreme Court had referred to the five-judge Constitution Bench a case on whether the politicians charged with the offences attracting five or more years of the jail term should be barred from contesting polls.

Apex Court was hearing the plea which sought to declare provisions of  Representation of the People Act, which bars convicted politician from contesting the elections for six years, as ultra vires to Constitution.

Supreme Court had reprimanded the  Election Commission for not taking a clear stand on the plea seeking  barring of the convicted politicians for life.

Source PTI

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