The Supreme Court on Monday remarked that it cannot direct the Central government to ban those persons chargesheeted for serious offences, from contesting elections [Ashwini Upadhyay vs Union of India and ors]..A bench of Justices KM Joseph and BV Nagarathna also indicated that it could not itself pass a declaration to that effect either.The Court, however, asked the Central government to file its counter-affidavit on the plea by BJP leader and advocate Ashwini Upadhyay.The plea will next be heard on July 31.Additional Solicitor General (ASG) Sanjay Jain, appearing for the Central government, said that an accused person is innocent until proven guilty, and can contest even after the framing of charges. "Legislative architecture of CrPC [Criminal Procedure Code] gives several chances of presenting his case. Mandamus will not be appropriate," the ASG added. The bench then orally observed, "We have to identify the serious offences," before adding that the main prayers in the plea could not be granted. The counsel for the Election Commission of India (ECI) informed that it had filed its counter in the matter, with respect to the prayer seeking amendment of the Election Symbols Order Act. The plea has sought amendment so as to debar those chargesheeted of serious offences from being given tickets by recognised political parties. "We have said it [Election Symbols Order Act] is party centric and not individual centric," the ECI counsel stated. Upadhyay argued that it was political parties who were in effect running the show in terms of citizens' everyday life."We have 43 per cent MPs with criminal charges. We are governed by political parties indirectly, not by government. Everything is decided by the parties.".The Supreme Court had in 2017 issued notice in a similar plea by Upadhyay.That plea sought a ban on convicted persons from forming political parties and becoming its office-bearers thereafter..[Read order]
The Supreme Court on Monday remarked that it cannot direct the Central government to ban those persons chargesheeted for serious offences, from contesting elections [Ashwini Upadhyay vs Union of India and ors]..A bench of Justices KM Joseph and BV Nagarathna also indicated that it could not itself pass a declaration to that effect either.The Court, however, asked the Central government to file its counter-affidavit on the plea by BJP leader and advocate Ashwini Upadhyay.The plea will next be heard on July 31.Additional Solicitor General (ASG) Sanjay Jain, appearing for the Central government, said that an accused person is innocent until proven guilty, and can contest even after the framing of charges. "Legislative architecture of CrPC [Criminal Procedure Code] gives several chances of presenting his case. Mandamus will not be appropriate," the ASG added. The bench then orally observed, "We have to identify the serious offences," before adding that the main prayers in the plea could not be granted. The counsel for the Election Commission of India (ECI) informed that it had filed its counter in the matter, with respect to the prayer seeking amendment of the Election Symbols Order Act. The plea has sought amendment so as to debar those chargesheeted of serious offences from being given tickets by recognised political parties. "We have said it [Election Symbols Order Act] is party centric and not individual centric," the ECI counsel stated. Upadhyay argued that it was political parties who were in effect running the show in terms of citizens' everyday life."We have 43 per cent MPs with criminal charges. We are governed by political parties indirectly, not by government. Everything is decided by the parties.".The Supreme Court had in 2017 issued notice in a similar plea by Upadhyay.That plea sought a ban on convicted persons from forming political parties and becoming its office-bearers thereafter..[Read order]
