Read Time: 06 minutes

Synopsis

A division bench of the Supreme Court today issued notice in a petition seeking a direction to the Union of India to take appropriate steps to debar the person from contesting election, against whom charges have been framed in serious offences.

In the alternative, the plea filed by Advocate Ashwini Upadhyay sought direction to the Election Commission of India to use its plenary power conferred under Article 324, to amend the Election Symbols (Reservation & Allotment) Order 1968, to insert additional
conditions for recognition and continuance as a State or National Party, in order to debar the person from contesting an election, against whom charges have been framed in serious offences.

When the matter was taken up today by a bench of Justices KM Joseph and Hrishikesh Roy, the Court questioned Upadhyay as to under what statute, the offence alleged against the candidates was "serious".

"Law Commission report my lord. Serious offences where charges have been framed", replied Upadhyay.

Court accordingly issued notices to the Ministry of Home Affairs, Ministry of Law and Justice and Election Commission of India.

It is the petitioner's case that the Law Commission on more than four occasions has submitted in its report the need to decriminalize politics, but the Centre has not implemented any of its suggestions.

"The facts constituting cause of action accrued on 25.5.2019, when out of 539 winners of 17" Loksabha, 233 (43%) declared criminal
cases against themselves. Out of 542 winners analyzed after 2014 Lok Sabha elections, 185 (34%) winners had declared criminal cases against themselves. Out of 543 winners analyzed after 2009 Lok Sabha elections, 162 (30%) winners had declared criminal cases...", the petition stated.

It is Upadhyay's argument that the injury caused to people is large because criminalization of politics is at extreme level and political parties are still setting-up candidates with serious criminal antecedents which leads to voters finding it difficult to cast their vote freely and fairly though it is their fundamental right, guaranteed under Article 19.

"Criminals are able to get votes based on their caste or religious affiliation, their money power, their perceived willingness to bend and break the law in favor of their constituents and also coercion and intimidation of their rivals. Criminals have no interest in standing as independents and generally stand as candidates of recognized political parties because political parties are connected to distinct leaders, families, ethnic groups and social bases. Criminals tap these networks to expand their appeal beyond their own narrow support bases. It is necessary to state that in a country like ours, with high rates of poverty, illiteracy and unemployment, party symbols hold great weight as they serve as an important visual cue through which millions of voters connect to electoral politics", added the plea.

Case Title: Ashwini Kumar Upadhyay vs. Union of India and Ors.