Can’t prevent convicted persons from forming, running political parties: Centre to SC

Satya Prakash

Tribune News Service

New Delhi, March 21

A convicted person cannot be stopped from forming a political party or becoming its office-bearer as there was no such law, the NDA government has told the Supreme Court.

“Appointment of post-holder to a political party is a matter of party autonomy, and it may not be apposite to preclude the Election Commission from registering a political party merely because a particular post-holder is not qualified to contest elections (on conviction),” the Centre said in an affidavit filed in the top court.

The affidavit has been filed in response to a PIL filed by Delhi BJP leader and advocate Ashwini Kumar Upadhyay seeking lifetime ban on convicted politicians, not just from contesting elections but also forming political parties and holding party posts.

Upadhyay has contended that the law debarred convicted politicians from contesting elections but they were free to run a political party; hold party posts and decide who could contest polls to become MPs/MLAs. Even persons convicted of heinous crimes such as murder, rape, smuggling, money laundering, sedition or dacoity could form a political party and become its president, he alleged.

However, the Centre opposed the PIL terming it “not maintainable” as courts can’t direct Parliament to enact a particular law.

“…having regard to the existing provisions of law relating to ‘registration of (a) political party’, there does not appear any connectivity and nexus between the situations debarring the persons disqualified under 1951 Act and/or convicted under criminal law from contesting an election to Parliament and/or State Legislature vis-à-vis debarring such persons from forming or becoming a member of any political party nor does the petition make out such a case,” the affidavit stated.

Registration of a political party with the Election Commission was not a mandatory requirement, it added.

The Election Commission had earlier sought power to de-register erring political parties which often get undue benefit of a legislative vacuum in this regard.

The Bench – which had on December 1, 2017 issued notices to the Centre and Election Commission on the PIL -- is expected to take it up for final hearing on March 26.

If the top court finally allows the prayer sought by the petitioner, convicted politicians such as Om Prakash Chautala and Lalu Prasad would no longer be in a position to hold any position in INLD and RJD, respectively.

Raising serious questions over politicians convicted of crime and corruption heading political parties and selecting candidates for Parliamentary and assembly polls, Supreme Court had on February 12 said it went against the basic spirit of democracy.

"If a convicted person cannot contest an election, how can he head of a political party and select candidates to contest elections?” a three-judge Bench headed by Chief Justice of India Dipak Misra had wondered.

Drawing a distinction between politics and other activities, it had said the practice of convicted individuals running political parties went against its judgments that said corruption in politics has to be banished for purity of electoral process.

"A (convicted) man cannot directly contest an election, so he forms a political party and fields candidates to contest an election. People can form an association to do philanthropic work like opening a hospital or a school….But when it comes to the field of governance, it is different…," the CJI had commented.

Even persons convicted of heinous crimes such as murder, rape, smuggling, money laundering, sedition or dacoity could form a political party and become its president, Upadhyay alleged.