New Delhi, May 1
The Election Commission said today that it was studying the Patna High Court directive to debar those behind bars from contesting the poll and it would soon take a decision on the issue.
The High Court had directed the poll panel to take speedy decision in this regard before the declaration of the results scheduled for May 13.
EC sources said they had received the orders of the court and the Legal Department was studying it. The commission, as directed by the court, would take its stand on the issue soon, they added.
As the three members of the commission are outside the Capital, the poll panel would take its stand on the issue after the Chief Election Commissioner and the two other
Commissioners return and hold a meeting to discuss this issue.
The High Court said it was entirely up to the EC to decide on the action it should take against such candidates who are contesting from jails. It said the commission could go to the extent of
countermanding elections in constituencies where such candidates are in the fray.
Chief Election Commissioner T.S. Krishnamurthy yesterday declined to comment on the High Court directive stating that the commission had not received the orders.
Following judicial intervention, the commission had directed the electoral contestants to file an affidavit stating their criminal cases pending against them and their assets and liabilities.
The Representation of People Act already has provisions which disqualify those convicted of serious crimes from contesting elections. But since the legal process takes a long time and cases remain pending in a hierarchy of courts, thus bypassing the technicality of “being convicted”, few candidates are actually disqualified.
The Law Commission, in a detailed report, has recommended that the Act be strengthened considerably to curtail this criminalisation of politics.
The report has recommended to Parliament that this loophole of pending cases be removed. Such a modification of the Act would need legislative action, something which has not happened so far and consensus on the issue cutting across party lines.
Meanwhile, the commission today issued a show-cause notice to the All-India Anna Dravida Munnetra Kazhagam, asking why the recognition to its Pondicherry unit may not be suspended or withdrawn for violation of the Model Code of Conduct.
The commission found prime facie the state unit of the AIADMK having violated the Model Code, and asked it to reply within seven days of the issuance of notice.
