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In a PIL filed by BJP leader and advocate Ashwini Upadhayay in Supreme Court, the court asked from the centre that “how can a person be allowed to form a political party who is not even allowed to contest elections” In the response of which election commission of India submitted that they had already tried to de-criminalize politics a number of times.
Then while hearing the submissions Chief Justice Dipak Misra observed that “A convicted person can’t contest election. Then how can he form a political party and select candidates, what you cannot do individually, can you do it collectively with the help of some agents”. In the response of which Additional Solicitor General Pinky Anand said that she will get back to the questions after consulting about the same with the government, for which the bench said that “ you file your counter within two weeks” and had told that the matter will be disposed off on March 26, 2018 positively.
Chief Justice said that “A criminal deciding who the people should vote for by itself goes against tenet of democracy” he also said that “ allowing criminals to head parties and select candidates goes against its earlier judgments that the corrupt has to be ostracized for ensuring the purity of electoral process”.
The next date of hearing will be March 26, 2018.
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