Can’t bar convicted persons from holding party posts: Centre to SC
TIMES NEWS NETWORK
22.03.2018
NewDelhi : Opposing a plea to restrain those convicted in criminal cases from forming or holding any post in a party, the Centre has told the Supreme Court that such persons could not be banned from indulging in political activity.
In an affidavit filed in the apex court on a petition seeking direction to the Election Commission not to recognise a political party headed by a convicted person, the Centre said it is conscious of the need for electoral reforms to curb criminalisation of politics, but such order should not be passed by the court.
“Having regard to the existing provisions of law relating to registration of a political party, there does not appear any connectivity and nexus between the situations debarring the persons disqualified under Representation of People’s Act and/or convicted under criminal law from contesting an election to Parliament or state legislatures vis-a-vis debarring such persons from forming or becoming a member of any political party,” the government said in its response.
“Appointment of postholder to a political party is a matter of party autonomy and it may not be apposite to preclude the Election Commission from registering a political party merely because a particular postholder is not qualified to contest elections,” it said.
The apex court had in December sought response from the Centre on a PIL filed by BJP leader Ashwini Kumar Upadhyay seeking a ban on convicted persons from forming a political party and becoming officebearer in the period during which he or she is barred from contesting elections.
“Presently, even a person, who has been convicted for heinous crimes like murder, rape etc can form a political party and become party president. Governance revolves around political parties. They are continuously engaged in performance of public duty and therefore it is important that they become transparent. De-criminalisation and de-communalisation of politics is essential in larger public interest as they perform public function and, therefore, convicted person should be debarred from forming political party and becoming office-bearer,” the petition said.
Responding to the plea, the government said registration of a political party before the Election Commission is only optional and not mandatory and the Constitution has guaranteed fundamental right to citizen to form an association which could not be curbed or restricted.
The Centre’s contention assumes importance in the context of RJD chief Lalu Prasad who has been debarred from contesting elections after his conviction in fodder scam cases.
TIMES NEWS NETWORK
22.03.2018
NewDelhi : Opposing a plea to restrain those convicted in criminal cases from forming or holding any post in a party, the Centre has told the Supreme Court that such persons could not be banned from indulging in political activity.
In an affidavit filed in the apex court on a petition seeking direction to the Election Commission not to recognise a political party headed by a convicted person, the Centre said it is conscious of the need for electoral reforms to curb criminalisation of politics, but such order should not be passed by the court.
“Having regard to the existing provisions of law relating to registration of a political party, there does not appear any connectivity and nexus between the situations debarring the persons disqualified under Representation of People’s Act and/or convicted under criminal law from contesting an election to Parliament or state legislatures vis-a-vis debarring such persons from forming or becoming a member of any political party,” the government said in its response.
“Appointment of postholder to a political party is a matter of party autonomy and it may not be apposite to preclude the Election Commission from registering a political party merely because a particular postholder is not qualified to contest elections,” it said.
The apex court had in December sought response from the Centre on a PIL filed by BJP leader Ashwini Kumar Upadhyay seeking a ban on convicted persons from forming a political party and becoming officebearer in the period during which he or she is barred from contesting elections.
“Presently, even a person, who has been convicted for heinous crimes like murder, rape etc can form a political party and become party president. Governance revolves around political parties. They are continuously engaged in performance of public duty and therefore it is important that they become transparent. De-criminalisation and de-communalisation of politics is essential in larger public interest as they perform public function and, therefore, convicted person should be debarred from forming political party and becoming office-bearer,” the petition said.
Responding to the plea, the government said registration of a political party before the Election Commission is only optional and not mandatory and the Constitution has guaranteed fundamental right to citizen to form an association which could not be curbed or restricted.
The Centre’s contention assumes importance in the context of RJD chief Lalu Prasad who has been debarred from contesting elections after his conviction in fodder scam cases.
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