EC to Bar Convicted Candidates from Contesting Polls

Oct 20, 2014 Tushita News 0

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After the Supreme Court intervened to promptly disqualify politicians found convicted of grave offences, the EC is also going ahead with a similar step, barring candidates from contesting elections if they have been charged with heinous crimes.

In order to keep a stringent check on those submitting false nomination papers and fabricated affidavits, the Election Commission of India has also suggested that this should be held as a ground for debarment with greater punishment

V.S. Sampath, the Chief Election Commissioner, said “Those who are facing criminal charges, the Commission has made a proposal to the Law Ministry (that) at least in such of the criminal cases where the (minimum) punishment is imprisonment of five years, if a person is accused of that and if charges have been framed by the competent magistrate at least six months before the scheduled date of election, they should be disqualified from contesting elections.”

He also added that the proposal made by the election panel has been referred to the Law Commission by the Law Ministry. The Law Commission is now occupied with jotting down recommendations on electoral reforms.

He also said that there is an additional ‘safeguard’ also that has been proposed to avert misapplication of the provision.

As mentioned above, a person can be barred from contesting elections if they have been framed for charges 6 months prior to the announcement of polls.

Highlighting the importance of the proposal, Sampath said, “This is one of the proposals of the EC because we should also be wary of some politically motivated cases against candidates just of the eve of the elections,

A Supreme Court verdict, given out on July 12, 2013, arranges for immediate debarment of a sentenced lawmaker.

The Commission has also proposed that if a candidate files false documents or affidavits, he or she should be disqualified on the grounds of the same, and be entitled to more punishment.

“A person who files false affidavit should be given some punishment…I think two years or something, and it should also act as a disqualification. That will act as a deterrent,” Sampath said.

According to the current rules, if a candidate fails to provide information, conceals it or gives false information in the affidavit. He or she gets entitled to face 6 months in jail and also gets slapped with a fine.

The Chief Election Commissioner also explained that if violation of Model Code of Conduct is brought under the category of legal offences, it may result in duplicacy of act.

“Is it not a double offence on the same thing? For most of the things, there is already a law. Under that law action has to be taken. It won’t be correct, because what judiciary has to do, judiciary has to do. What EC has to do EC has to do. Then same thing will lie in both the fora — judiciary and EC,” the CEC said.

When inquired about prioritising certain aspects of recommended reforms more than others, he said that all reforms were equally significant.

“Categorising what is important, what is not important,” is something he won’t  do as usually “things like decriminalisation of politics is one thing which generally has priority from any point of view,” he explained.

He also said that making Indian politics crime-free is something that everybody should feel strongly about. “These things have been told repeatedly… we keep working towards purity in public life,” he further said.

When asked if the Election Commission should be given delegated more powers to carry out the election process more fairly, he responded, “for any organisation to seek more powers, I don’t think I would say no. Any regulatory organisation having more powers will further enable the organisation to discharge its functions more effectively. There is no doubt about that.”

When asked whether the EC is a body ‘not having teeth’ he explained the agility of the organisation by saying, “It is not correct for the reason that we take action… we make people reply in 48 hours. If an extension is requested, we extend the time by another 48 hours. Case is disposed off in 96 hours.”

He further asked the media, “Have you seen this anywhere else. Does any other forum dispose off cases in 96 hours?”

Since the issue of politicians and campaigners making hate speeches always evidently erupts during elections, he said that during the recent assembly by-elections, the EC had even asked the electoral authorities to make sure that FIRs are immediately filed against those people who indulge in giving hate speeches.

The EC had in September slammed Yogi Adityanath for instigating animosity while delivering a speech in Noida and had asked the officials to make sure that an FIR was filed against the BJP MP.

In a more recent case, the EC issued a notice against MNS chief Raj Thackeray just two days before assembly elections because he found delivering hate speeches at two different occasions.

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• criminal lawmakers, Election Commission, law and justice, Law Commission, V.S. Sampath

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