Sangeeta Sharma
New Delhi, Sept 28 (LAB)The Supreme Court today sought responses from the Centre and the Election Commission on a plea filed by lawyer Ashwini Upadhyay to debar people against whom charges have been framed in serious offences from contesting elections.
A bench of Justice K M Joseph and Justice Hrishikesh Roy issued notices to the Ministry of Law and Justice, Ministry of Home Affairs, and the Election Commission.
The plea filed by Advocate Ashwini Upadhyay also sought direction from 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.
Advocate Ashwini Upadhyay in his plea said that Criminals are able to get votes on basis of their caste or religious affiliations. He further said that criminals have no interest in contesting as an independent candidate and generally attach themselves to a recognized political party because these parties are connected to distinct leaders, families, ethnic groups and social bases. Criminals use their money powers, their perceived willingness to bend or break the law in favour of their constituents and also coercion and intimidation of their rivals. Criminals tap these networks to expand their appeal beyond their own narrow support bases.
Mr Upadhyay said it is necessary to state that in a country like ours, with high rates of poverty, illiteracy and unemployment, party symbols hold great weight as they serve as an important visual cue through which millions of voters connect to electoral politics”, therefore the election commission should take extra care in allowing these parties to continue to use the symbols./ LAB/SNG/