Lawstreet Journal

Center Opposes Plea for Banning MPs/MLAs from contesting elections for life on Conviction in Criminal cases

Lawstreet Journal 4 Dec 2020 8:59pm

Image courtesy: Lawstreet Journal Executive Center Opposes Plea for Banning MPs/MLAs from contesting elections for life on Conviction in Criminal cases

By way of Affidavit, the Centre has opposed in the Supreme Court an amended PIL seeking imposition of a lifetime ban on convicted politicians from contesting elections, saying the elected representatives are "equally bound" by law.

BJP leader and lawyer Ashwini Upadhyay in the plea stated "that when a member of Executive/Judiciary is convicted for even a minor crime, he is debarred from his services for a lifetime. But a Legislator, convicted for even heinous crimes like murder, rape, smuggling, money laundering, dacoity, etc. is debarred only from contesting the election merely for six years therefore Section 8 and 9 of the Representation of Peoples Act,1951 is against the spirit of the Article 14 and basic structure of the Constitution,"

The amended plea also seeks direction to the Centre to take 'appropriate steps' to debar the person convicted for the offenses specified under some provisions of the Representation of the People Act,1951 from contesting 'MLA or MP election, forming a political party or becoming office-bearer of the political party'.

BJP leader and lawyer Ashwini Upadhyay, in his amended PIL, has sought a lifetime ban on convicted persons including politicians, from contesting elections as against the six-year ban from the date of release after serving the jail terms of two years or more as provided under the Representation of Peoples Act,1951.

In its plea he has urged the Court for the following reliefs:

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