PIL challenges EC’s power on disqualification

New Delhi, October 22

A PIL has been filed in the Supreme Court challenging the Election Commission’s power to remove or reduce disqualification of candidates.

Filed by Delhi BJP leader and lawyer Ashwini Kumar Upadhyay, the PIL challenged Section 11 of the Representation of People Act, 1951 on the grounds that it conferred unbridled powers on the Election Commission which was arbitrary and irrational and hence violated Article 14 of the Constitution.

“Section 11 of the Representation of People Act, 1951, not only offends the sacred principle of clean democracy, but also free and fair election, by permitting criminals to enter/return to the electoral fray after a specified period of time. It bestows on the Election Commission uncontrolled power to annul the statutory prescribed disqualification,” it submitted. — TNS