SC refuses to entertain PIL that wants parties to stop fielding candidates with criminal cases

Tribune News Service
New Delhi, January 21

The Supreme Court on Monday refused to entertain a Delhi BJP leader’s PIL seeking a direction to the Election Commission to restrain political parties from fielding candidates with criminal antecedents in polls.

A Bench headed by Chief Justice of India Ranjan Gogoi, however, said petitioner Ashwini Upadhyay was free to submit a representation to the Commission on the issue.

"We are not inclined to entertain this petition. However, it will be open to the petitioner to approach the Election Commission by giving a representation," it said.

Upadhyay wanted direction to the Election Commission "to restrict political parties to setup candidates with criminal antecedents in serious offences".

He said while issuing notification for assembly elections in five states on October 10, 2018, the EC did not amend the Election Symbol Order 1968 and the Model Code of Conduct to restrict political parties from fielding candidates with criminal records.

Maintaining that criminalisation of politics in India had grown, the petitioner said data published by the Association for Democratic Reforms showed that 24% MPs had criminal cases pending against them.

"Out of 7,810 candidates analysed for the 2009 elections to Lok Sabha, 1,158 or 15 per cent declared criminal cases of which 610 or 8 per cent had serious cases. Out of 8,163 candidates for the Lok Sabha elections in 2014, 1398 or 17 per cent declared criminal cases of which 889 or 11 per cent had serious cases," the petition read.