The Supreme Court said that it cannot instruct the Central government for putting a ban on those people who have been charge sheeted for serious offences, from contesting elections
The plea was filed by BJP leader and advocate Ashwini Upadhyay.
A bench of Justice KM Joseph and Justice BV Nagarathna that they cannot itself pass a declaration to that effect either.The bench directed the Centre government for filing a counter affidavit in this matter.
The plea will next be heard on July 31.
The Central Government was represented by the Additional Solicitor General (ASG) Sanjay Jain, who said that an accused is innocent until proven guilty, and can contest even after the framing of charges.
Talking in the legal terms, the ASG said that the Legislative architecture of CrPC gives several chances of presenting his case. Mandamus will not be appropriate.
The bench orally observed that they have to identify the serious offences and then said that the main prayers in the plea could not be granted.
The Election Commission of India (ECI) counsel said that it had filed the counter in the matter, with respect to the prayer seeking amendment of the Election Symbols Order Act.
The plea by Ashwini Upadhyay had sought for amendment so as to debar those chargesheeted of serious offences from being given tickets by recognised political parties.
The ECI counsel said that Election Symbols Order Act is party centric and not individual centric.
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.”
In the year 2017, 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.