Supreme Court Adjourns Hearing Of Plea Seeking Ban On Convicted Persons From Forming Political Party Till August
1 year, 7 months ago

Supreme Court Adjourns Hearing Of Plea Seeking Ban On Convicted Persons From Forming Political Party Till August

Live Law  

The Supreme Court, on Thursday, deferred the hearing of the plea involving interpretation of Section 29A of the Representation of People’s Act, 1951 as to whether the Election Commission of India is empowered to de-recognise political parties formed by convicted persons. At the outset, Advocate Ashwini Kumar Upadhyay, petitioner-in-person, apprised the Bench that there is a vacuum in the RP Act, wherein a convicted person who is unfit to contest election themselves can form political party, become the party president and decide who will contest elections. Shahabuddin, Mr. Suraj Bhan Singh, Mr. Anand Mohan Singh, Mr. Mulayam Singh Yadav, Ms. Mayawati and Brijesh Singh etc., but they are still holding political post and wielding political power.” The Apex Court had decided to interpret Section 29A RPA, which deals with registration with the Election Commission as a political party, and also examine if the ECI is clothed with the power of denying the benefit of registration under Section 29A to a political party whose office-holders are persons disqualified under the Act to stand for election on account of a conviction. In the affidavit filed before the Court, the Union Government had submitted that appointment of a post-holder in a political party is a matter of party autonomy and it may not be apt to preclude the Election Commission from registering a party merely because a particular post-holder is not qualified to contest elections.

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History of this topic

Plea in SC seeks review of verdict scrapping electoral bonds scheme
8 months, 1 week ago

Plea in SC seeks review of verdict scrapping electoral bonds scheme

New Indian Express  

NEW DELHI: A plea has been filed in the Supreme Court seeking review of its February 15 verdict, which had scrapped the Modi government's electoral bonds scheme of anonymous political funding. The review plea filed by advocate Mathews J.Nedumpara submitted that this Court entertained the petition and struck down the law and the scheme without noticing that in doing so …

S. 38(2) RP Act | Telangana HC Upholds Validity Of Provision Listing Nominated Candidates From Recognised Political Parties Above Other Candidates
9 months, 3 weeks ago

S. 38(2) RP Act | Telangana HC Upholds Validity Of Provision Listing Nominated Candidates From Recognised Political Parties Above Other Candidates

Live Law  

The Telangana High Court has upheld the constitutional validity of Section 38 of the Representation of the People Act, 1951 and Rule 5.7.1 of the Election Commission of India's Handbook for Candidates. The petitioner, an advocate who contested the State Legislative Assembly elections contended that this provision was discriminatory and violative of Article 14 as it gave priority to candidates …

ADR seeks action against parties for failing to publish criminal antecedents of candidates fielded by them
1 year, 6 months ago

ADR seeks action against parties for failing to publish criminal antecedents of candidates fielded by them

The Hindu  

An electoral reform advocacy group has urged the Election Commission to take action against political parties for failing to publish criminal antecedents of candidates fielded by them during Assembly polls held in the past few years. In a letter to the poll panel, the Association for Democratic Reforms has noted that following the Supreme Court's directions and subsequent guidelines issued …

The top court’s push for clean politics
1 year, 8 months ago

The top court’s push for clean politics

Hindustan Times  

Citing the “legislative architecture” of the country, the Union government on Monday submitted in the Supreme Court that it would not be prudent or legally feasible to debar those against whom serious penal charges have been framed by trial courts from contesting elections. The Centre’s objections against keeping criminally tainted candidates out of the electoral fray have come more than …

SC disagrees with plea to punish a political party for fielding candidate facing serious criminal charges
1 year, 8 months ago

SC disagrees with plea to punish a political party for fielding candidate facing serious criminal charges

The Hindu  

The Supreme Court on April 10 did not prima facie agree with a plea to punish a political party by derecognising it or stripping it off its reserved symbol for fielding a candidate facing serious criminal charges. He said national and State political parties should be recognised or allowed to continue only if they bar members, against whom “serious offences” …

Supreme Court refuses to entertain plea of 14 parties alleging misuse of CBI, ED
1 year, 8 months ago

Supreme Court refuses to entertain plea of 14 parties alleging misuse of CBI, ED

Hindustan Times  

The Supreme Court on Wednesday refused to entertain a plea jointly filed by 14 parties, led by Congress, alleging arbitrary arrests of Opposition leaders by central probe agencies, and seeking fresh guidelines governing the arrest and remand. A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala said that “laying down general guidelines without having relation to …

After Rahul Gandhi's Disqualification, Plea In SC Challenges Automatic Disqualification Of Elected Members Upon Conviction Of 2 Years
1 year, 8 months ago

After Rahul Gandhi's Disqualification, Plea In SC Challenges Automatic Disqualification Of Elected Members Upon Conviction Of 2 Years

Live Law  

A plea challenging the automatic disqualification of representatives of elected legislative bodies, upon being convicted of any offence and sentenced to imprisonment for not less than two years as per Section 8 of the Representatives of the People Act, 1951 has been filed before the Supreme Court of India. It adds that Section 8 of the 1951 Act clearly categorizes …

'No Power To Ban Caste Rallies By Political Parties In Non-Election Period', ECI Submits Before Allahabad High Court
1 year, 9 months ago

'No Power To Ban Caste Rallies By Political Parties In Non-Election Period', ECI Submits Before Allahabad High Court

Live Law  

The Election Commission of India has submitted before the Allahabad High Court that it has no Jurisdiction to either ban caste-based rallies organized by political parties in the non-election period or to ban them from contesting subsequent polls.The submission was made by the Election watchdog in a Public Interest Litigation plea filed by one Moti Lal Yadav before the High …

Supreme Court Issues Notice On PIL To Debar Persons Against Whom Charges Have Been Framed In Serious Offences From Elections
2 years, 2 months ago

Supreme Court Issues Notice On PIL To Debar Persons Against Whom Charges Have Been Framed In Serious Offences From Elections

Live Law  

The Supreme Court of India on Wednesday sought the responses from the Union of India, Ministry of Home Affairs and the Election Commission of India, in a petition moved by Advocate Ashwini Kumar Upadhyay seeking to debar those persons against whom charges have been framed in serious offences, from contesting in elections. As an alternative, the plea seeks to direct …

De-Register Political Parties Which Fail To Publish Candidates' Criminal Antecedents : PIL Before Supreme Court
2 years, 11 months ago

De-Register Political Parties Which Fail To Publish Candidates' Criminal Antecedents : PIL Before Supreme Court

Live Law  

A writ petition has been filed before the Supreme Court of India seeking directions to the Election Commission of India to de-register political parties which fail to publish details regarding criminal cases of its candidates. The Public Interest Litigation filed by Advocate Ashwini Kumar Upadhyay has sought directions to the Election Commission of India to take steps to ensure that …

"Even Permanent NRIs Can Become PM/CM In India": Plea In Allahabad High Court Against Representation Of People Act, Reply Sought
3 years, 2 months ago

"Even Permanent NRIs Can Become PM/CM In India": Plea In Allahabad High Court Against Representation Of People Act, Reply Sought

Live Law  

A plea has been moved before the Allahabad High Court challenging the constitutional validity of 3 provisions of the Representation of the People Act,1950 contending that they are violative of Articles 14 and 326 of the Constitution of India.Hearing the plea, the bench of Justice Devendra Kumar Upadhyaya and Justice Ajai Kumar Srivastava-I today issued notice and sought a reply …

Life Ban On Convicted MP/MLAs : Necessary To Hear Issue At Length, Says Supreme Court
3 years, 3 months ago

Life Ban On Convicted MP/MLAs : Necessary To Hear Issue At Length, Says Supreme Court

Live Law  

The Supreme Court on Wednesday observed that the issue of MPs and MLAs being debarred for life from contesting any election for membership of Parliament or State Legislature is necessary to be heard at length.A Bench comprising CJI Ramana, Justice Chandrachud and Justice Surya Kant stressed the far-reaching ramifications and consequences of the issue and observed that all stakeholders need …

Decriminalisation of Indian politics: Supreme Court says political parties refusing to wake up from 'deep slumber'
3 years, 4 months ago

Decriminalisation of Indian politics: Supreme Court says political parties refusing to wake up from 'deep slumber'

Firstpost  

Cleansing the polluted stream of politics is obviously not one of the immediate concerns of the legislative branch of the government even as the nation continues to wait and is “losing patience”, said the apex court said New Delhi: Cleansing the polluted stream of politics is obviously not one of the immediate concerns of the legislative branch of the government …

Parties To Publish Candidates' Criminal Records Within 48 Hrs of Selection: SC
3 years, 4 months ago

Parties To Publish Candidates' Criminal Records Within 48 Hrs of Selection: SC

The Quint  

The Supreme Court on Tuesday, 10 August, directed that political parties in India must publish any existing criminal antecedents of candidates within 48 hours of their selection, and ordered them to make such information available on the homepage of their websites. The court also fined eight political parties for non-compliance of the Supreme Court's orders with regards to the decalaration …

Political Parties Must Publish Criminal Antecedents Of Candidates Within 48 Hours Of Their Selection : Supreme Court Modifies Earlier Direction
3 years, 4 months ago

Political Parties Must Publish Criminal Antecedents Of Candidates Within 48 Hours Of Their Selection : Supreme Court Modifies Earlier Direction

Live Law  

With the objective of decriminalization of politics, the Supreme Court on Tuesday directed that the political parties must publish the criminal antecedents, in any, of the candidates within 48 hours of their selection.A bench comprising Justices RF Nariman and BR Gavai modified the direction in its February 13, 2020 judgment in that regard.In paragraph 4.4 of the February 2020 judgment,. …

Can Political Parties Be De-Recognized For Failing To Publish Candidates' Criminal Antecedents Candidates? Supreme Court Discusses
3 years, 5 months ago

Can Political Parties Be De-Recognized For Failing To Publish Candidates' Criminal Antecedents Candidates? Supreme Court Discusses

Live Law  

"Are we to just put up our hands? ", Justice Rohinton Nariman asked on Tuesday when Senior Advocate Kapil Sibal, for the Nationalist Congress Party, attempted to dissuade the Court against the invocation by the ECI of its power to suspend or withdraw recognition of a recognised political party for its failure to observe Model Code of Conduct or follow …

Plea In Supreme Court Seeks Directions For Conduct Of "Free & Fair" Elections In West Bengal; Protect Opposition Party Workers & Leaders
4 years ago

Plea In Supreme Court Seeks Directions For Conduct Of "Free & Fair" Elections In West Bengal; Protect Opposition Party Workers & Leaders

Live Law  

A public interest litigation has been filed in Supreme Court seeking conduct of "free and fair" elections in the state of West Bengal.Filed of behalf of petitioner Puneet Kaur Dhanda, the plea seeks issuance of directins to the Election Commission of India to submit a detailed report regarding bogus voters in the State of West Bengal also to direct the …

Supreme Court seeks Centre\'s stand on banning convict netas for life
4 years, 1 month ago

Supreme Court seeks Centre\'s stand on banning convict netas for life

Deccan Chronicle  

New Delhi : The Supreme Court on Wednesday asked the Centre to spell out its stand on a plea seeking lifetime ban on convicted politicians, including sitting lawmakers, from contesting elections as against the six-year ban from the date of release after undergoing sentence of two years or more under the prevailing law. Justice N.V. Ramana, heading a bench also …

BJP Leader Moves Plea In Supreme Court For Removal Of Party Symbols In EVMs
4 years, 1 month ago

BJP Leader Moves Plea In Supreme Court For Removal Of Party Symbols In EVMs

Live Law  

BJP leader Ashwini Upadhyaya has filed a writ petition before the Supreme Court seeking a direction to the Election Commission of India to use the name, age, qualification and photograph of contesting candidates on ballots and Electronic Voting Machines instead of symbols of political parties. Amongst others, the petition pleads the Supreme Court to declare that the use of party …

Plea By Bhim Army Chief Chandra Shekhar Azad Seeking Direction To Register His Party: Delhi HC Seeks EC's Response
4 years, 2 months ago

Plea By Bhim Army Chief Chandra Shekhar Azad Seeking Direction To Register His Party: Delhi HC Seeks EC's Response

Live Law  

The Delhi High Court Wednesday sought response of the Election Commission on a plea by Bhim Army chief Chandra Shekhar Azad seeking direction to register his political party in the name of Aazad Samaj Party' and allot a symbol to contest the upcoming Bihar elections.Justice Jayant Nath issued notice to the ECI and asked it to respond to the plea …

Plea in SC to debar those on trial for serious offences from contesting elections
4 years, 2 months ago

Plea in SC to debar those on trial for serious offences from contesting elections

Firstpost  

Petitioner Advocate Ashwini Kumar Upadhyay in the PIL said that out of 539 winners of the Lok Sabha election in 2019, as many as 233 declared criminal cases against themselves New Delhi: A petition has been filed before the Supreme Court seeking to debar persons, against whom charges have been framed in serious offences, from contesting elections. Petitioner Advocate Ashwini …

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