THE JHARKHAND STORY DESK
New Delhi, Feb 10: The Supreme Court on Monday sought the Centre’s response to a petition challenging the constitutional validity of Sections 8 and 9 of the Representation of the People Act, 1951, which deal with the disqualification of MPs and MLAs upon conviction.
Centre directed to file affidavit
A bench comprising Justices Dipankar Datta and Manmohan directed the government to submit its affidavit, warning that failure to do so might lead the court to decide the matter without government response. The court also asked the Election Commission of India to provide its response.
The petition, filed by advocate Ashwini Upadhyay, calls for a permanent ban on convicted politicians from contesting parliamentary and state assembly elections. Additionally, it demands a one-year time frame for resolving criminal cases involving lawmakers. The bench sought the assistance of Attorney General R. Venkataramani in the case.
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Issue referred to CJI, next hearing after 3 weeks
Addressing concerns over the swift resolution of criminal cases against legislators, the court noted that a three-judge bench had already ruled on the matter on November 9, 2023.
It deemed it inappropriate for a two-judge bench to reconsider the issue and referred it to the Chief Justice of India for possible review by a larger bench.
Meanwhile, the court will proceed with examining the disqualification of convicted politicians and has scheduled the next hearing for three weeks later.
Legal provisions under challenge
Section 8 of the RP Act prohibits individuals convicted of specific offences from contesting elections from the date of conviction, extending for six years after their release from prison.
Section 9 bars individuals dismissed from government service for corruption or disloyalty to the state from contesting elections for five years following their dismissal.
