Ban On Convicts Forming Political Parties: SC Notice To Centre, ECI [Read Order]
7 years, 3 months ago

Ban On Convicts Forming Political Parties: SC Notice To Centre, ECI [Read Order]

Live Law  

The Supreme Court on Friday issued notice to the Centre and the Election Commission of India on a PIL seeking a ban on convicted persons from forming a political party and becoming office-bearer of the party.A three-judge bench headed by Chief Justice of India Dipak Misra sought the government’s response and decided to interpret Section 29 of the Representation of People’s Act. The Supreme Court on Friday issued notice to the Centre and the Election Commission of India on a PIL seeking a ban on convicted persons from forming a political party and becoming office-bearer of the party. A three-judge bench headed by Chief Justice of India Dipak Misra sought the government’s response and decided to interpret Section 29 of the Representation of People’s Act as to whether the ECI is empowered to derecognise the political party formed by a convicted person. One is where in political party obtained its registration by playing fraud on the Commission, secondly it arises out of Sub-section of Section 29A of the Act and thirdly, any like ground where no enquiry is called for on the part of the Election Commission, for example, where the political party concerned is declared unlawful by the Central Government under the provision of the Unlawful Activities Act, 1967 or any other similar law” Also, the judgement in Lily Thomas v. Union of India was relied upon, where section 8 of the Act of 1951 was held to be ultra vires the Constitution in so far as it required the disqualification in case of sitting MPs and MLAs to come into effect upon expiration of 3 months from the date of conviction.

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History of this topic

ECI Can't Supervise Internal Elections Of Political Parties Under Section 29A Of Representation Of People Act: Delhi High Court
1 month, 3 weeks ago

ECI Can't Supervise Internal Elections Of Political Parties Under Section 29A Of Representation Of People Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that the Election Commission of India does not have supervisory jurisdiction regarding internal matters of elections of political parties under Section 29A of Representation of People Act, 1951. “….but once a political party is registered, Section 29A does not confer upon the ECI any supervisory jurisdiction to review whether the party adheres to its …

Delhi High Court Upholds Dismissal Of Plea Against ECI Registration Granted To AIMIM As Political Party
2 months, 1 week ago

Delhi High Court Upholds Dismissal Of Plea Against ECI Registration Granted To AIMIM As Political Party

Live Law  

The Delhi High Court has upheld the dismissal of a petition seeking quashing of the registration granted by Election Commission of India to All India Majlis-e-Ittehadul Musalimeen as a political party. Upholding the single judge order, the division bench rejected Murari's contention that AIMIM does not fulfil the conditions laid down under Section 29A of the Representation of the People …

Ban on caste-based rallies: Allahabad HC seeks ECI’s reply
7 months, 3 weeks ago

Ban on caste-based rallies: Allahabad HC seeks ECI’s reply

Hindustan Times  

The Lucknow bench of the Allahabad high court has sought a reply from the Election commission of India by August 29, 2024, on a plea related to the ban on caste-based rallies. The court directed the senior counsel for the ECI to tell the court on the next date as to what happens if a political party or a candidate …

Supreme Court Adjourns Hearing Of Plea Seeking Ban On Convicted Persons From Forming Political Party Till August
1 year, 10 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 …

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

SC issues notice to Centre, ECI on plea challenging act which restricts prisoners from voting
2 years, 4 months ago

SC issues notice to Centre, ECI on plea challenging act which restricts prisoners from voting

India Today  

The Supreme Court on Monday issued a notice to the central government and the Election Commission of India on a petition which challenged Section 62 of the Representation of the People Act, 1951. The petition said that the provision deprives prisoners of their right to vote and should be struck down for suffering from an “incurable vice of unconstitutionality”. The …

Allahabad HC Dismisses PIL Against ECI's Order Granting 'National Party' Status To BJP, Congress, Allotting Symbols To Them
3 years, 2 months ago

Allahabad HC Dismisses PIL Against ECI's Order Granting 'National Party' Status To BJP, Congress, Allotting Symbols To Them

Live Law  

The Allahabad High Court on Thursday dismissed a Public Interest Litigation plea which sought quashing of the order of recognition given to Bharatiya Janata Party and Indian National Congress as National Parties by the Election Commissions of India and further, allotting symbols to them.Essentially, the Bench of Justice Devendra Kumar Upadhyay and Justice Saroj Yadav. It was the primary contention …

Centre Opposes in SC PIL Seeking Lifetime Ban on Convicted Politicians
4 years, 3 months ago

Centre Opposes in SC PIL Seeking Lifetime Ban on Convicted Politicians

News 18  

The Centre has opposed in the Supreme Court the amended PIL seeking imposition of lifetime ban on convicted politicians from contesting elections, saying the elected representatives are equally bound by law. BJP leader and lawyer Ashwini Upadhyay, in his amended PIL, has sought lifetime ban on convicted persons including politicians, from contesting elections as against the six-year ban from the …

AAP sacks Tahir Hussain; BJP stays mum on Kapil Mishra: Political parties should ensure tainted leaders face consequences
5 years ago

AAP sacks Tahir Hussain; BJP stays mum on Kapil Mishra: Political parties should ensure tainted leaders face consequences

Firstpost  

The Aam Aadmi Party has suspended its municipal councillor Tahir Hussain from primary membership of the party. The same building that Hussain lived in once served as the office of former AAP leader Kapil Mishra, who is now with the Bharatiya Janata Party, and after whose speech armed mobs began attacking civilians in parts of northeast Delhi. The saffron party …

SC says 'need to deal carefully with' issue of penalising political parties and candidates for not disclosing criminal antecedents
5 years, 1 month ago

SC says 'need to deal carefully with' issue of penalising political parties and candidates for not disclosing criminal antecedents

Firstpost  

The Supreme Court Friday said the issue of penalising political parties or candidates for not disclosing criminal antecedents has to be dealt with carefully as allegations of sedition and anti-national are often made with “political overtones”. New Delhi: The Supreme Court Friday said the issue of penalising political parties or candidates for not disclosing criminal antecedents has to be dealt …

SC Asks ECI To Decide On Plea To Stop Political Parties From Fielding Candidates With Criminal Cases [Read Order]
5 years, 4 months ago

SC Asks ECI To Decide On Plea To Stop Political Parties From Fielding Candidates With Criminal Cases [Read Order]

Live Law  

The Supreme Court on Monday asked the Election Commission of India to take a decision on a a plea seeking to restrain political parties from fielding candidates with serious criminal antecedents. Stating that allowing criminals to contest elections was violative of a voter's right to freely choose a candidate of his choice and the freedom of expression of the voter …

SC Fixes PIL For Ban On Convicted Persons From Heading Pol Parties For Final Hearing On Aug 13
6 years, 8 months ago

SC Fixes PIL For Ban On Convicted Persons From Heading Pol Parties For Final Hearing On Aug 13

Live Law  

In the order, the bench directed all parties to submit their written submission in this regard a week before the final hearing.The Supreme Court bench headed by Chief Justice Dipak Misra has fixed the PIL seeking a ban on convicted persons from heading a political party and granting power to Election Commission to de-register political parties for “final disposal” on …

SC Fixes PIL For Ban On Convicted Persons From Heading Pol Parties For Final Hearing On Aug 13
6 years, 8 months ago

SC Fixes PIL For Ban On Convicted Persons From Heading Pol Parties For Final Hearing On Aug 13

Live Law  

In the order, the bench directed all parties to submit their written submission in this regard a week before the final hearing.The Supreme Court bench headed by Chief Justice Dipak Misra has fixed the PIL seeking a ban on convicted persons from heading a political party and granting power to Election Commission to de-register political parties for “final disposal” on …

Going Against Central Govt Led By His Party, BJP Leader Wants SC To Ban Convicted From Heading Political Parties [Read the Rejoinder]
6 years, 8 months ago

Going Against Central Govt Led By His Party, BJP Leader Wants SC To Ban Convicted From Heading Political Parties [Read the Rejoinder]

Live Law  

“This Hon’ble Court has emphasized and reiterated the need for ensuring and maintaining purity of highest legislative bodies. It is submitted that since the political parties choose candidates for these bodies, it is necessary that the persons controlling the party are themselves men/women of great character and integrity”, BJP leader and petitioner Ashwini Upadhyay to SC in. It is submitted …

Going Against Central Govt Led By His Party, BJP Leader Wants SC To Ban Convicted From Heading Political Parties [Read the Rejoinder]
6 years, 8 months ago

Going Against Central Govt Led By His Party, BJP Leader Wants SC To Ban Convicted From Heading Political Parties [Read the Rejoinder]

Live Law  

“This Hon’ble Court has emphasized and reiterated the need for ensuring and maintaining purity of highest legislative bodies. It is submitted that since the political parties choose candidates for these bodies, it is necessary that the persons controlling the party are themselves men/women of great character and integrity”, BJP leader and petitioner Ashwini Upadhyay to SC in. It is submitted …

No legal bar on convicted persons joining political parties: Centre tells SC
7 years ago

No legal bar on convicted persons joining political parties: Centre tells SC

Live Mint  

New Delhi: The centre has told the Supreme Court that there’s nothing in any of the laws relating to the registration of political parties that stops a convicted person from becoming a member of a political party. The centre was replying to a plea seeking a ban on convicted persons from forming political parties and becoming their office-bearers for the …

Centre opposes PIL seeking to debar convicted politicians
7 years ago

Centre opposes PIL seeking to debar convicted politicians

Deccan Chronicle  

New Delhi: The Centre on Wednesday made it clear in the Supreme Court that there is no provision in existing law to debar convicted lawmakers or other persons from forming a political party and becoming its office-bearer. The Centre made this assertion in response to the court’s notice in a PIL seeking a ban on convicted persons from forming a …

Centre Opposes Plea For Barring Convicts From Heading Political Parties [Read Affidavit]
7 years ago

Centre Opposes Plea For Barring Convicts From Heading Political Parties [Read Affidavit]

Live Law  

The Centre has told the Supreme Court 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.“…the post holder of any party is not a ‘representative’ …the appointment of …

Supreme Court questions convicted politicians heading parties
7 years, 1 month ago

Supreme Court questions convicted politicians heading parties

Deccan Chronicle  

New Delhi: The Supreme Court with a view to preventing criminalisation of politics, questioned whether convicted politicians can form and head a political party, can choose candidates for the polls after they are disqualified from contesting elections. Chandrachud made this observation during the course of hearing of a PIL by BJP leader and advocate Ashwini Kumar Upadhyaya seeking a ban …

Want Power To De-Register Parties: ECI To SC [Read Affidavit]
7 years, 1 month ago

Want Power To De-Register Parties: ECI To SC [Read Affidavit]

Live Law  

In an affidavit filed before the Supreme Court, Election Commission of India has supported de-criminalization of politics, but refrained from making any further assertions on the issue of barring convicted politicians from forming political parties. The submissions were made in response to a Petition filed by BJP leader and Advocate Ashwini Kumar Upadhyay, who has also sought directions to the …

SC seeks response from Centre on PIL seeking ban on convicts from heading parties
7 years, 3 months ago

SC seeks response from Centre on PIL seeking ban on convicts from heading parties

Firstpost  

Supreme Court on Friday sought the responses of the government and the election commission on a PIL seeking to restrain convicted politicians New Delhi: The Supreme Court on Friday sought responses of the government and the election commission on a PIL seeking to restrain convicted politicians from running and holding posts in political parties. Senior advocate Siddharth Luthra, appearing for …

Ban On Convicts Forming Political Parties: SC Notice To Centre, ECI [Read Order]
7 years, 3 months ago

Ban On Convicts Forming Political Parties: SC Notice To Centre, ECI [Read Order]

Live Law  

The Supreme Court on Friday issued notice to the Centre and the Election Commission of India on a PIL seeking a ban on convicted persons from forming a political party and becoming office-bearer of the party.A three-judge bench headed by Chief Justice of India Dipak Misra sought the government’s response and decided to interpret Section 29 of the Representation of …

PIL In SC Seeking Ban On Convict Or Disqualified Person From Forming Political Party Or Holding Its Office [Read Petition]
7 years, 4 months ago

PIL In SC Seeking Ban On Convict Or Disqualified Person From Forming Political Party Or Holding Its Office [Read Petition]

Live Law  

With a view to decriminalise electoral system and ensure democracy within the party, a public interest litigation has been moved in the Supreme Court seeking ban on a convicted person from forming a political party or becoming political office-bearer.The PIL, filed by advocate Ashwini Upadhyay, also sought "ban on the convicted person from forming a political party and becoming political. …

PIL In SC Seeking Ban On Convict Or Disqualified Person From Forming Political Party Or Holding Its Office [Read Petition]
7 years, 4 months ago

PIL In SC Seeking Ban On Convict Or Disqualified Person From Forming Political Party Or Holding Its Office [Read Petition]

Live Law  

With a view to decriminalise electoral system and ensure democracy within the party, a public interest litigation has been moved in the Supreme Court seeking ban on a convicted person from forming a political party or becoming political office-bearer.The PIL, filed by advocate Ashwini Upadhyay, also sought "ban on the convicted person from forming a political party and becoming political. …

SC favours special courts to try convicted MPs, MLAs; seeks details of 1,581 cases against politicians
7 years, 4 months ago

SC favours special courts to try convicted MPs, MLAs; seeks details of 1,581 cases against politicians

India TV News  

The Supreme Court directed the Centre on Wednesday to place before it details regarding 1,581 cases involving MPs and MLAs, as declared by politicians at the time of filing their nominations during the 2014 general elections. A bench comprising Justices Ranjan Gogoi and Navin Sinha also sought the details of criminal cases lodged against politicians from 2014 till date as …

EC Supports Life Ban On Convicted Politicians; Stands By Its Earlier Affidavit
7 years, 4 months ago

EC Supports Life Ban On Convicted Politicians; Stands By Its Earlier Affidavit

Live Law  

Once again changing its stand the Election Commission today told a Supreme Court bench headed by a bench headed by Justice Ranjan Gogoi that it favoured a life term ban on MPs, MLAs from contesting election after being convicted in criminal cases.The existing law disqualifies politicians sentenced to a jail term of two years or more from contesting elections for …

EC Supports Life Ban On Convicted Politicians; Stands By Its Earlier Affidavit
7 years, 4 months ago

EC Supports Life Ban On Convicted Politicians; Stands By Its Earlier Affidavit

Live Law  

Once again changing its stand the Election Commission today told a Supreme Court bench headed by a bench headed by Justice Ranjan Gogoi that it favoured a life term ban on MPs, MLAs from contesting election after being convicted in criminal cases.The existing law disqualifies politicians sentenced to a jail term of two years or more from contesting elections for …

SC raps Election Commission for ‘unclear’ stand on barring convicted lawmakers
7 years, 8 months ago

SC raps Election Commission for ‘unclear’ stand on barring convicted lawmakers

Live Mint  

New Delhi: The Election Commission on Wednesday faced the flak of the Supreme Court for not taking a clear stand on a plea seeking barring of convicted politicians for life, as the top court made it clear that the poll panel cannot remain silent on the matter. A bench comprising justices Ranjan Gogoi and Navin Sinha came down heavily on …

Life Ban For Convicted Legislators: SC Pulls Up Election Commission For Not Taking A Clear Stand
7 years, 8 months ago

Life Ban For Convicted Legislators: SC Pulls Up Election Commission For Not Taking A Clear Stand

Live Law  

The Election Commission of India today found itself in a difficult situation before the Supreme Court in a PIL which demanded life ban of convicted MPs and MLAs from contesting the elections. The petition, filed by Mr. Ashwini Kumar Upadhyay, demanded that an order be issued directing the Centre to take necessary steps to debar persons charged with criminal offences …

SC Ponders On The Need To Set Up Special Courts To Try MP/MLAs
7 years, 11 months ago

SC Ponders On The Need To Set Up Special Courts To Try MP/MLAs

Live Law  

The Supreme Court today wondered if there was a need to order setting up of special courts to decide criminal cases related to People Representatives Public Servants and Members of Judiciary within one year. On March 18 Election Commission filed an affidavit in the Supreme Court supporting setting up special courts to decide criminal cases related to People Representatives Public …

SC Ponders On The Need To Set Up Special Courts To Try MP/MLAs
7 years, 11 months ago

SC Ponders On The Need To Set Up Special Courts To Try MP/MLAs

Live Law  

The Supreme Court today wondered if there was a need to order setting up of special courts to decide criminal cases related to People Representatives Public Servants and Members of Judiciary within one year. On March 18 Election Commission filed an affidavit in the Supreme Court supporting setting up special courts to decide criminal cases related to People Representatives Public …

Lifetime Ban Of Convicted Law Makers: SC Seeks Centre’s Response
8 years ago

Lifetime Ban Of Convicted Law Makers: SC Seeks Centre’s Response

Live Law  

The Supreme Court today sought response of Centre on the pending PIL seeking barring convicted persons from contesting polls for life and preventing their entry into judiciary and the executive.A bench comprising Justices Ranjan Gogoi and Navin Sinha asked the government to file its reply in two weeks and posted the matter for further hearing on April 18.Earlier this week …

Election Commission favours lifetime ban on convicts from contesting polls
8 years ago

Election Commission favours lifetime ban on convicts from contesting polls

Firstpost  

The Election Commission of India on Monday told the Supreme Court that it was in favour of barring convicted persons from contesting polls for life and stopping their entry into judiciary and the executive. New Delhi: The Election Commission of India on Monday told the Supreme Court that it was in favour of barring convicted persons from contesting polls for …

Special Courts For Speedy Trial Of ‘Criminal’ Legislators: SC Issues Notice To Centre, ECI
8 years, 6 months ago

Special Courts For Speedy Trial Of ‘Criminal’ Legislators: SC Issues Notice To Centre, ECI

Live Law  

The Supreme Court has issued notice to the Centre and the Election Commission on a PIL seeking setting up of special courts to speed up criminal cases against legislators.The PIL, filed by advocate and Delhi BJP spokesperson Ashwini Kumar Upadhyay, demanded that an order be issued directing the Centre to take necessary steps to debar persons charged with criminal offences …

SC to hear PIL to debar convicted persons uniformly from Legislature, Executive & Judiciary [Read Petition]
8 years, 6 months ago

SC to hear PIL to debar convicted persons uniformly from Legislature, Executive & Judiciary [Read Petition]

Live Law  

A petition was filed in the Supreme Court of India on Thursday, demanding that convicted persons be debarred uniformly from Legislature, Executive and Judiciary.The petition, filed by Mr. Ashwini Kumar Upadhyay, demands that an order be issued directing the Centre to take necessary steps to debar persons charged with criminal offences from contesting elections, forming a political party. A petition …

SC to hear PIL to debar convicted persons uniformly from Legislature, Executive & Judiciary [Read Petition]
8 years, 6 months ago

SC to hear PIL to debar convicted persons uniformly from Legislature, Executive & Judiciary [Read Petition]

Live Law  

A petition was filed in the Supreme Court of India on Thursday, demanding that convicted persons be debarred uniformly from Legislature, Executive and Judiciary.The petition, filed by Mr. Ashwini Kumar Upadhyay, demands that an order be issued directing the Centre to take necessary steps to debar persons charged with criminal offences from contesting elections, forming a political party. A petition …

Supreme Court agrees to hear PIL to End Criminalization of Politics [Read Petition]
9 years, 4 months ago

Supreme Court agrees to hear PIL to End Criminalization of Politics [Read Petition]

Live Law  

The Supreme Court today agreed to hear a Public Interest Litigation which demanded immediate measures for curbing criminalization of politics and a direction to the authorities including election commission to comply with the law commission and apex court directions in this regard.“Electoral Reforms have been engaging the attention of the Parliament and Union Government for a long time. The Supreme …

SC seeks centre's response on plea challenging election law
12 years, 2 months ago

SC seeks centre's response on plea challenging election law

India TV News  

New Delhi, Jan 11: The Supreme Court Thursday asked the central government to file its response to two PILs contending that a provision of India's electoral law was unconstitutional. A bench of Justice A.K. Patnaik and Justice Gyan Sudha Misra asked the government to respond to the contention that sub-section of section 8 of the Representation of People Act, 1951 …

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