Lawstreet Journal

SC Refuses to Entertain Plea Seeking Ban on Persons with Criminal Antecedents From Contesting Elections

Lawstreet Journal 17 Nov 2020 11:13pm

Image courtesy: Lawstreet Journal Judiciary SC Refuses to Entertain Plea Seeking Ban on Persons with Criminal Antecedents From Contesting Elections

An issue was raised before the Supreme Court by Advocate SN Shukla to put a ban on persons from contesting elections who have been charge-sheeted by courts or have been convicted with imprisonment for over 5 years. He said that the number of people with a criminal background is increasing in the parliament and hence some new rules must be made regarding their disqualification to hold elections. He also pointed Section 100 of The Representation of the People Act, 1951 which too provides for the grounds for declaring election to be void. 

On November 16, 2020, the Supreme Court comprising the bench of Justices L. Nageswara Rao, Hemant Gupta, and Ajay Rastogi refused to entertain the petition and held that no new rules can be introduced and that people with criminal background cannot be disqualified from contesting elections. It held that since the matter was the domain of the parliament, the petitioner could follow any remedy available for bringing into force the directions issued earlier by the court. 

Shukla pointed out that the parliament will never pass any such law as it is already filled with criminals majority. Earlier also it had failed to implement the recommendation given by the top court in the Public Interest Foundation of India vs Union of India. 

But the court keeping in view the petition asked the parliament to make laws that would prevent any candidate who is accused of serious crime from entering politics. 

Continue Reading...

Tagged: Supreme Court of India  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com