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. 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 office bearer, for the period, he is disqualified for registration in electoral roll under section 16 of the RPA,1950, contesting election under sections 8, 8A, 9, 9A, 10 or 10A of the RPA,1951, disqualified for voting under Section 11A of the RPA,1951, disqualified for being election agent under section 41 of the RPA, 1951, or forfeit his right to vote under section 62 of the RPA,1951". "Similarly, charges have been framed by the Court in serious cases against Mr Suresh Kalmadi, Mr Raja, Mr Jagan Reddy, Mr Madhu Koda, Mr Ashok Chavan, Mr Akabaruddin Owaisi, Mrs Kanimozhi, Mr Adhir Ranjan Chaudhary, Mr Virbhadra Singh, Mr Mukhtar Ansari, Md Shahabuddin, Mr Suraj Bhan Singh, Mr Anand Mohan Singh, Mr Mulayam Singh Yadav, Ms Mayawati and Mr Brijesh Singh etc, but they are still holding political post and wielding political power," the PIL added.

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History of this topic

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 …

‘How Is This A PIL?’: HC on Petition Seeking Order to Restrain Maharashtra Guv Koshyari 'From Speaking'
2 years, 3 months ago

‘How Is This A PIL?’: HC on Petition Seeking Order to Restrain Maharashtra Guv Koshyari 'From Speaking'

News 18  

How is this a PIL, asked a division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja on Thursday, questioning the petitioner as to how can the court restrain the Governor of Maharashtra Bhagat Singh Koshyari “from speaking”. WHAT IT STATES The petition stated that Koshyari on February 2 had said that Samarth Ramdas was the ‘Guru’ of Chhatrapati …

'Mouthpiece Of Bharatiya Janata Party': PIL Filed In Calcutta High Court Seeking Removal Of WB Governor Jagdeep Dhankhar
3 years, 1 month ago

'Mouthpiece Of Bharatiya Janata Party': PIL Filed In Calcutta High Court Seeking Removal Of WB Governor Jagdeep Dhankhar

Live Law  

A Public Interest Litigation petition was filed before the Calcutta High Court on Tuesday praying for a direction to the Central government to remove Jagdeep Dhankhar as the Governor of West Bengal, claiming that he was acting as the 'mouthpiece of the Bharatiya Janata Party'. Averments in the plea Opining on the conduct of the Governor, the petitioner averred, "The …

Ahead of polls, SC to consider listing PIL seeking to debar persons charged in serious offences
3 years, 1 month ago

Ahead of polls, SC to consider listing PIL seeking to debar persons charged in serious offences

India TV News  

Highlights The lawyer has been seeking a hearing on the PIL in view of the assembly elections in several states Plea added that there has been an increase in number of MPs with serious criminal cases since 2009 Days ahead of assembly polls in five states, the Supreme Court has agreed to consider listing for hearing a 2020 PIL for …

Politicians entitled to file PILs: SC
3 years, 11 months ago

Politicians entitled to file PILs: SC

The Hindu  

The Supreme Court has said judges need not read political motives or prejudice into a PIL petition merely because the person who filed it is a politician. Persons with political affiliations are as much entitled to file a public interest litigation as any other person, a Bench led by Justice Indira Banerjee observed in a recent order. “While it is …

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 …

Plea in SC to debar those on trial for serious offences from contesting elections
4 years, 6 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 …

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 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 Dismisses PIL Seeking To Make Bribery & Other Election Offences Cognizable, Punishable With Min 2-Yr Jail Term
6 years, 7 months ago

SC Dismisses PIL Seeking To Make Bribery & Other Election Offences Cognizable, Punishable With Min 2-Yr Jail Term

Live Law  

The Supreme Court on Monday dismissed a petition seeking a minimum punishment of two years for electoral offences, including bribery, false statement, undue influence.The plea, filed by BJP leader and Advocate Ashwini Kumar Upadhyay, was dismissed by a bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud.Mr. The Supreme Court on Monday dismissed a …

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 …

PIL In SC Seeks To Treat Making A False Statement/Declaration Before EC, CEO, Election Officers An Electoral Offence [Read Petition]
6 years, 9 months ago

PIL In SC Seeks To Treat Making A False Statement/Declaration Before EC, CEO, Election Officers An Electoral Offence [Read Petition]

Live Law  

The Supreme Court was recently moved in a plea for direction to the Central Government to treat as an electoral offence the making of false statement/declaration before the Election Commission, Chief Electoral Officer, District Election Officer, Presiding Officer or other similar authorities.The public interest litigation, instituted by an advocate and BJP leader Ashwini Kumar Upadhyay,. The Supreme Court was recently …

PIL In SC Seeks To Treat Making A False Statement/Declaration Before EC, CEO, Election Officers An Electoral Offence [Read Petition]
6 years, 9 months ago

PIL In SC Seeks To Treat Making A False Statement/Declaration Before EC, CEO, Election Officers An Electoral Offence [Read Petition]

Live Law  

The Supreme Court was recently moved in a plea for direction to the Central Government to treat as an electoral offence the making of false statement/declaration before the Election Commission, Chief Electoral Officer, District Election Officer, Presiding Officer or other similar authorities.The public interest litigation, instituted by an advocate and BJP leader Ashwini Kumar Upadhyay,. The Supreme Court was recently …

PIL In SC Seeking To Make Bribery & Other Election Offences Cognizable, Punishable With Min 2-Yr Jail Term [Read Petition]
6 years, 9 months ago

PIL In SC Seeking To Make Bribery & Other Election Offences Cognizable, Punishable With Min 2-Yr Jail Term [Read Petition]

Live Law  

With growing instances of election offences, particularly bribery, undue influence, impersonation, false statement in connection with election and failure to keep election account by the contesting candidates and political parties, a PIL has been filed in the Supreme Court seeking direction to the Centre to make these electoral offences cognizable with a minimum jail term of two years.The. With growing …

PIL In SC For Imposing Rs. 2,000 Upper Limit On Cash Donations To Political Parties [Read Petition]
6 years, 9 months ago

PIL In SC For Imposing Rs. 2,000 Upper Limit On Cash Donations To Political Parties [Read Petition]

Live Law  

Advocate and BJP leader Ashwini Upadhyay has moved the Supreme Court once again, this time seeking a direction to the Central Government to impose an upper limit of Rs. 2,000 per person per year on political donations in cash.He prayed that the exemption under Section 13A of the Income Tax Act of 1961 be given only to those political parties …

PIL In SC For Imposing Rs. 2,000 Upper Limit On Cash Donations To Political Parties [Read Petition]
6 years, 9 months ago

PIL In SC For Imposing Rs. 2,000 Upper Limit On Cash Donations To Political Parties [Read Petition]

Live Law  

Advocate and BJP leader Ashwini Upadhyay has moved the Supreme Court once again, this time seeking a direction to the Central Government to impose an upper limit of Rs. 2,000 per person per year on political donations in cash.He prayed that the exemption under Section 13A of the Income Tax Act of 1961 be given only to those political parties …

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 …

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 …

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. …

Government opposes PIL on unseating convicted politicians
7 years, 6 months ago

Government opposes PIL on unseating convicted politicians

Hindustan Times  

Seat of a convicted lawmaker cannot be declared vacant immediately upon his or her disqualification because the law permits filing of an appeal to get the conviction stayed, the Centre has told the Supreme Court. Delay in declaring seats vacant to hold fresh polls gave enough time to such politicians to approach higher courts for staying the conviction. Even if …

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 …

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 …

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