NEW DELHI: Just a month before the upcoming assembly elections in five states, the Supreme Court on Thursday said that a new constitution bench would be constituted at the earliest to decide issues whether people facing trial in serious crime cases can be allowed to contest and at which stage of trial, a lawmaker would stand be disqualified.
At present, a person, convicted in a serious criminal case, is barred from contesting polls and a lawmaker stands disqualified in the event of conviction
"We must clarify this matter so that people know the law by next election," a bench headed by Chief Justice J S Khehar said while considering the submission that these issues needed to be decided at the
earliest as many dreaded criminals, against whom charges have been framed by courts in serious cases, are
planning to contest upcoming Assembly polls.
Senior advocate Vikas Singh, appearing for lawyer and Delhi BJP spokesperson Ashwini Kumar Upadhyay, mentioned the PIL on the issue for urgent hearing on grounds including that many people, facing trial in serious cases, may contest and win elections and hence the legal questions needed to be settled.
Upadhyay, in his application seeking setting up of a larger bench, said, "At present, more than 33 per cent
legislators have criminal cases and Election Commission data shows that criminalisation is increasing every subsequent year. This trend is not good for a healthy democracy."
A three-judge bench had on March 8 last year, referred various PILs including the one filed by Upadhyay to the CJI saying the questions like can a lawmaker, facing criminal trial, be disqualified at conviction stage or at the framing of charge in a case have to be decided by a larger bench.
Election Commission has told the Supreme Court that it must be made mandatory for the candidates to disclose their sources of income along with that of their spouse and dependents at the time of filing nomination to bring transparency in the election process. The poll panel also sought amendment in the
Representation of the People Act to make sure that a candidate is disqualified not only when he has an existing contract with the government but also when any member of his family has a similar financial agreement.
