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Synopsis

The Supreme Court today agreed to list the plea seeking directions to the Centre for taking necessary steps to debar candidates charged with criminal offences from contesting elections, forming a political party, or becoming office-bearers of any party after two weeks.

When the case was taken up, the bench was told that this was an important issue. CJI Chandrachud, upon hearing this, ordered, "We will list this immediately after two weeks".

In 2016, the present petition was filed by Adv. Ashwini Kumar Upadhyay which also sought directions to provide adequate infrastructure to set up Special Courts to decide criminal cases related to People Representatives, Public Servants and Members of the Judiciary within one year and debar the convicted persons uniformly from Legislature, Executive and Judiciary.

The plea also sought directions to implement the "Important Electoral Reforms" proposed by the Election Commission, Law Commission, and National Commission to Review the Working of the Constitution.

Later, a report had been submitted by the Amicus Curiae in the case, Senior Advocate Vijay Hansaria, which stated that the number of criminal cases pending against sitting and former MPs and MLAs in December 2018 was 4,122. This has increased to 4,859 in September 2020, registering a jump of 17% in less than two years.

It had been also stated by the Amicus Curiae that the State governments are attempting to withdraw cases against their party MPs and MLAs, even those booked for serious offences.

In February last year, a bench of Chief Justice NV Ramana and Justice Hima Kohli had agreed to list the matter after urgent mentioning by Amicus Curie Sr. Adv. Vinay Hansaria.

Hansaria while mentioning the matter had informed the bench that the 16th Report over the issue has been filed and that an urgent listing was required.

The report has stated that as many as 4984 cases are pending out of which 1899 cases are more than 5 years old. In addition to this, the total number of cases pending as of December 2018 was 4110, and as of October 2020 was 4859. Even after the disposal of 2775 cases after December 4, 2018, the cases against MPs/MLAs have increased from 4122 to 4984.

By order dated August 10, 2021 the Supreme Court had directed that no prosecution against a sitting or former MP/MLA shall be withdrawn without the leave of the High Court.

In a similar plea, a division bench of the Supreme Court had issued notice. The  in a petition sought 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 also 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.

Cause Title: Ashwini Kumar Upadhyay vs Union of India