M A I N   N E W S

SC notices to govt, EC
Petitions challenging poll reforms Ordinance

New Delhi, September 20
Seeking the Centre’s stand on the August 24 Ordinance on electoral reforms which made some changes in Election Commission’s (EC) guidelines on furnishing details by a candidate about his criminal background, liabilities and assets, the Supreme Court today issued notices to the government and EC on a bunch of petitions challenging the Ordinance.

A Division Bench, comprising Mr Justice M.B. Shah and Mr Justice D.M. Dharamadhikari, however, declined to consider the prayer by petitioners for interim stay at this stage while asking the government and EC to file replies within 10 days.

Fixing the matter for final hearing on October 8, the court sought to know from the government whether the Ordinance was violative of the Constitution and overruled the court’s May 2 order on the basis of which the EC had issued the guidelines on June 28.

The Ordinance was challenged by the People’s Union for Civil Liberties (PUCL) and Lok Satta on the ground that it overrode the apex court’s May 2 order giving directions to the EC regarding furnishing details about the criminal background, conviction, assets and liabilities and educational qualifications by a candidate at the time of filing nominations.

The court declined to consider the plea for interim stay on the Ordinance after Solicitor-General Harish Salve, appearing for the government, stated that since there were no elections immediately in any state, the order would not have any adverse effect.

He said the matter be heard before the Gujarat poll likely to be held in November-December.

Former Delhi High Court Chief Justice Rajinder Sachhar and senior advocate P.P. Rao, appearing for the PUCL and Lok Satta, respectively, made a strong plea for a stay saying that ‘Section 33B’ inserted by the Ordinance in the Representation of People Act (RPA) “overrides the apex court order which was issued under Article 19 giving citizens the right to information.”

Since Article 19 forms a part of the basic feature of the Constitution, the government has no power to override any order by the court issued under it, they said, adding that no changes could be made in the basic structure of the Constitution.

The President had promulgated the Ordinance on August 24 substituting the EC’s guidelines issued following the apex court order making it mandatory for a candidate to furnish the informations at the time of filing his nominations.

The EC guidelines said if a candidate failed to furnish these informations, his nomination should be rejected.

Both Mr Rao and Justice Sachhar contended that when the court had laid down clear guidelines for furnishing such informations so that the voter could make a right choice, the Ordinance sought to “dilute” the court’s order.

Agreeing with the contentions of the petitioner’s counsel that various advanced countries like the USA had laws making such declaration compulsory before elections, the court sought to know from the government how effective declaration of assets by MPs and MLAs to the speaker of the House would be.

Mr Salve said the Ordinance had “filled up the lacunae” in the RPA as pointed out by the court and those convicted for a one-year jail term and facing charges in a case where the punishment was more than two years, had been covered by it.

Mr Salve said before bringing in the Ordinance, the government had consulted all political parties and the guidelines were drawn on the basis of a consensus arrived at by them.

The Ordinance, said an elected MP or MLA had to furnish the information about his assets to the Speaker of the House immediately after his election. PTI