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The Supreme Court considered a plea from restraining those candidates to contest elections against whom criminal charges have been framed.
It has been observed by the Apex Court that Generally, under Article 324 the power of superintendence and control of elections is vested in an Election Commission, while Article 102(1)(e) specially envisages a ground for disqualifying one from being chosen as MP to be prescribed by Law made by Parliament.
The petitioner that is, Public Interest Foundation tried to convince the bench to pass directions for disqualifications of candidates against whom criminal charges have been framed. Reference was made to the case of Vishakha case wherein the anti-ragging guidelines were stipulated.
The Apex Court observed that the Representation of People’s Act provides for the ground for disqualification of candidates from contesting elections. Further, the bench has been reluctant to pressurize the Parliament to lay down law for disqualification of candidates, facing serious charges after previous hearing.
Serious doubts have been expressed over the prayer for issuing mandamus to EC to extend the disqualification to all stages of criminal proceeding. It was also contended that the Court could direct the EC to restrain political parties from accepting support from independent candidates with criminal charges. Reference was also made to the Election Symbols Order, 1968 wherein the assignment of an election symbol is to be rescinded if it is found in violation of mandate of EC.
The Bench favored the idea of strengthening the parameters of qualification so as to debar candidates with criminal records from contesting elections. Further, it observed that as Section 29A of the RPA provides for registration of association and bodies as political parties with the EC, the members of the parties must affirm on the affidavit that their record is clean and if the same is found to be tainted, the registration must be made conditional. It has been suggested that the political parties must disclose the charges of candidates on posters or banners used in campaigning.
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