Centre Opposes Plea Seeking Life Time Ban On Convicted Politicians In An Affidavit Submitted In Supreme Court
(Judicial Quest News Network)
The Central Government has filed an affidavit in Apex Court opposing the life time ban on convicted politicians, including sitting lawmakers.
In its affidavit filed in response to a 2017 application by Supreme Court advocate and BJP Leader Ashwini Kumar Upadhaya seeking amendment of his prayers in an earlier petition.
It is submitted through the affidavit that by way of the Amendment Application the petitioner is seeking to alter the structure and the basic frame work of the original relief sought in the petition. He is now seeking to declare the vires of Sections 8(1)(ii),8(2) & 8(3) of the Representation of Peoples Act and sever the same from section 9(1) of the said Act.
The petitioner has also sought to add further prayers, directing the respondents to take appropriate steps to debar the persons convicted for the offences specified in Sections 8(1), 8(2),8(3), 9(1) of the Representation of Peoples Act1951 from contesting MLA/MP elections, forming a political party or becoming office of a political party.
In so far as the conditions of service public servants, not being elected representatives, I concerned, the same is regulated by their respective service laws, including recruit rules etc. Thus, there is no justification for the challenge to the vires of the said provisions of the RPA, as made out in the amendment application.
The affidavit also highlighted the issue has already been dealt with by the Supreme Court to some extent in the case of public Interest Foundation Vs Union of India that legislature clearly enumerates the grounds for dis qualifying such an elected candidate.
A bench of Justices NV Ramana, Surya Kant and Aniruddha Bose, had sought the Centre’s reply on a public interest plea.
Petitioner had sought deletion of Six-year ban under Section 8(3) of the Representation of Peoples Act,1951.
Election Commission has already backed the plea for the life time ban on convicted politicians from entering the electoral fray.
Without prejudice to the aforesaid preliminary objection. It is states that there are no specific service conditions laid down in respect of the elected representative albeit, the fact that the people’s representatives are public servants. This elected representatives are ordinarily bound by the oath that they have taken, to serve the citizens of their constituency in particular and the country in general, their condition is bound by propriety, good conscience and they are expected to generally work in the interest of the Nation. They are already bound by the disqualifications in terms of RPA,1951 as well as various directions and precedence as laid down by the Hon’ble Court from time to time. It is submitted that the elected representative is not above the law and are equally bound by the provisions of various statutes in force. The offences defined in IPC as well as any other laws for the time being in force are applicable to elected representatives also.
