[Elections In 5 States] Petition Filed Before Supreme Court Seeking Direction to De-Register Political Parties That Failed to Reveal Criminal Records of Candidate

(Judicial Quest News Network)

In a petition filed before Supreme Court Advocate Ashwini Kumar Upadhyay seeks a direction to the Election Commission of India to de-register political parties which did not disclose the criminal antecedents of candidates they field for the election.

direction to the Election Commission of India to take steps to ensure that every political party publishes the details regarding criminal cases of each candidate along with reason for such selection on the Home Page of its official website in bold letters

The petitioner a BJP, leader have mentioned the nomination of a candidate belonging to Samajwadi Party (SP) fielding naheed Hassan from Kairana constituency as a candidate for the upcoming assembly elections in Uttar Pradesh.

Petitioner alleges that

Nahid Hasan is in custody under the Gangster Act imposed on him around 11 months ago and he is the first candidate to file nomination in the first phase of Uttar Pradesh Assembly Elections. On 13.2.2021, Shamli Police imposed the Gangster Act on Nahid Hasan, the two-time MLA from Kairana. He has multiple criminal cases and is the mastermind behind the Hindu exodus from Kairana. There are many criminal cases including fraud and extortion and was declared a fugitive by Special MLA-MP Court

The Injury Caused to Citizens is extremely large because even recognized political parties are giving ticket to dreaded criminals. Therefore, voters find it difficult to cast their vote freely and fairly, though it’s a fundamental right under Article 19. The consequences of permitting criminals to contest, become legislators are extremely serious for democracy and secularism: (i) during electoral process itself, not only do they deploy enormous amounts of illegal money to interfere with outcome but also intimidate voters/rival candidates. (ii) Thereafter, in our weak rule-of-law, once they gain entry to the governance as legislators, they interfere with, and influence, the functioning of government machinery in favour of themselves and their organization by corrupting government officers and, where that does not work, by using their contacts with Ministers to make threats of transfer and initiation of disciplinary proceedings. Some become Ministers, which makes situation worse. (iii) Legislators with criminal antecedents attempt to subvert the administration of justice and attempt by hook or crook to prevent cases against themselves from being concluded and, where possible, to obtain acquittals.  Long delays in disposal of cases and low conviction rates is testimony to their influence.

“Nahid Hasan is in custody under the Gangster Act imposed on him around 11 months ago and he is the first candidate to file nomination in the first phase of Uttar Pradesh Assembly Elections. On 13.2.2021, Shamli Police imposed the Gangster Act on Nahid Hasan, the two-time MLA from Kairana. He has multiple criminal cases and is the mastermind behind the Hindu exodus from Kairana. There are many criminal cases including fraud and extortion and was declared a fugitive by Special MLA-MP Court.”The plea stated.

The Supreme Court had earlier directed the political parties to upload details of candidates with criminal backgrounds on their official website as well as in newspapers and on social media.

Further the court had reiterated its own 2018 ruling in this regard and ordered that details of criminal antecedents of the candidates should include the nature of the crime, whether charges have been framed etc. the court had said.

The judgement further mentioned that all the political parties should give reasons on why each candidate is beinf fielded for elections it was also made clear by the Supreme Court that the ability to win elections should not be the reason furnished for fielding the candidate.

The petitioner further said that The Injury Caused to Citizens is extremely large because even recognized political parties are giving tickets to dreaded criminals. Therefore, voters find it difficult to cast their vote freely and fairly, though it’s a fundamental right under Article 19. The consequences of permitting criminals to contest, become legislators are extremely serious for democracy and secularism: (i) during the electoral process itself, not only do they deploy enormous amounts of illegal money to interfere with the outcome but also intimidate voters/rival candidates. (ii) Thereafter, in our weak rule-of-law, once they gain entry to the governance as legislators, they interfere with, and influence, the functioning of government machinery in favor of themselves and their organization by corrupting government officers and, where that does not work, by using their contacts with Ministers to make threats of transfer and initiation of disciplinary proceedings. Some become Ministers, which makes the situation worse. (iii) Legislators with criminal antecedents attempt to subvert the administration of justice and attempt by hook or crook to prevent cases against themselves from being concluded and, where possible, to obtain acquittals.  Long delays in disposal of cases and low conviction rates is testimony to their influence.

Upadhyay also urge the top court to issue directions to the Election Commission to file contempt of court case against the president for those political parties which violate the directions laid down in the 2018 judgement.