The Supreme Court on Monday asked the Law Commission to come out with a report by the end of February 2014 whether charge-sheeted persons or persons against whom charges were framed for heinous crimes can be prevented from contesting elections.
A Bench of Justices R.M. Lodha and Shiva Kirti Singh, while hearing a writ petition filed by the Public Interest Foundation and others seeking a direction to debar charge-sheeted persons from contesting elections, passed this order after Additional Solicitor-General Paras Kuhad, appearing for the Centre, informed the court that the government in January this year had requested the Law Commission to suggest comprehensive electoral reforms on 22 issues.
Senior counsel Dinesh Dwiwedi, appearing for the Public Interest Foundation, suggested that the Law Commission be asked to give a report on limited aspects before the Lok Sabha poll.
Senior counsel Meenakshi Arora, appearing for the Election Commission, said the EC had filed an affidavit proposing disqualification (from contesting an election) of a person against whom charges had been framed by a court for an offence punishable by imprisonment of five years or more.
“As a precaution against foisting false cases on the eve of election, it has been suggested that only those cases in which charges are framed six months prior to an election should be taken into account for that election,” she said. Ms. Arora also said that the Law Commission be asked to give a report whether filing a false affidavit by a candidate would attract disqualification.
The Bench said the Law Commission might expedite consideration of the two issues — whether disqualification should be triggered upon conviction as it exists today or upon framing of charges or filing of charge sheet and whether filing of false affidavit under Section 125 A of the Representation of the People Act should be a ground for disqualification, if yes, what mode and mechanism be followed for such disqualification.
“The court will appreciate if the report is submitted by the Law Commission to the Central government by the end of February 2014. The Government of India, on receipt of the report, shall place on record the same before this court.” The Bench directed that the matter be listed for further hearing in the second week of March 2014.