SC issues notice to Centre on plea to ban convicts from forming parties

New Delhi: With a view to decriminalising politics, the Supreme Court on Friday issued notice to the Centre and the Election Commission on a PIL seeking a ban on convicted persons from forming a political party and becoming its office-bearer.

A three-judge bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud initially told senior counsel Siddharth Luthra appearing for petitioner Ashwini Kumar Upadhyaya, BJP spokesperson “We can’t impose a law on Parliament when such a prohibition is not there in the law." 

The bench, however, said it would examine whether could court empower the Election Commission to de-register political parties which are headed by convicted persons. At present the Election Commission has the power only to recognise a political party but not to de-recognise it for various reasons. 

The petitioner cited the instance of Lalu Prasad Yadav, O.P. Chautala and Ms Sasikala who have been convicted for major scams but still holding highest political post. Similarly, charges have been framed by the Court in serious cases against Suresh Kalmadi, A. Raja, Jagan Mohan Reddy, Ashok Chavan, Akabaruddin Owaisi, Mrs Kanimozhi, Ms. Mayawati and many others who are holding top posts in the parties.

The bench while seeking response said it would examine Section 29 (A) of the Representation of the People Act as to whether the EC is empowered to derecognise the political party formed by a convicted person. It would also examine the issue to restrain the convicted person from becoming the office-bearer of the party.

Appearing for the petitioner, advocate Sidharth Luthra submitted that if a convicted person in a criminal case gets disqualified to contest poll, he should not be allowed to head a political party. 

Mr Luthra said the court should interpret Section 29 (A) of RPA to empower the ECI to derecognise the political parties if convicted persons head them.