The Supreme Court of India was apprised by the Election Commission of India about having nothing to do with adjudicating the question of whether or not the lawmakers who are disqualified for defection must be barred from re-contesting in the by-elections for the remaining term of the House to which they were originally elected.
The submission was made by the Election Commission in the counter-affidavit filed which was filed on a plea that sought that MLAs (Members of Legislative Assemblies)who have been disqualified under Article 191(1)(e) and the Tenth Schedule of the Constitution to be barred from re-contesting by-elections in the remaining term of the House.
A bench of the former CJI SA Bobde in 2021, had issued notice to the Union of India and Election Commission of India who were arrayed as respondents in the petition.
The petitioner in his petition had argued that under Article 191(1)(e) and the Tenth Schedule of the Constitution it is made very clear that those who are disqualified under its provisions cannot re-contest during the term for which he or she was elected.
The petition also stressed that this had to be implemented for ensuring that the object of the law against defection is not defeated.
The petition further said that a member of the House who incurs disqualification under the Tenth Schedule “cannot be permitted to contest again during the term for which he was elected.
The plea talks about the Article 172 which makes a membership of a House coterminus with the term of 5 years of the House except in circumstances mentioned therein.
The ECI has now submitted that the question to be adjudicated in the case relates to the interpretation of Article 191(1)(e) which has nothing to do with the conduct of elections which is the remit of the ECI.
In its counter affidavit, the Election commission of India, said that the issue involved in this matter pertains to the interpretation of Article 191(1)(e) of the Constitution which relates to the matter that do not have a nexus with the conduct of elections in terms of the remit of the Commission under Article 324.
The ECI has said that it is the Union of India which is the appropriate party for the adjudication of the prayers made in the present Petition.