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Probity

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Due to restraining provisions to check entry of the Criminals in the fray of the Election for Parliament, State Legislative assemblies or Local self-Governmental Bodies, Result is exposed by the Vohra Committee in its Report, from which difference between an true Politician and a Criminal became difficult.   

 

Considering such situation and based on Vohra Committee Report on 9th August 1995 I filed a Writ Petition before Hon’ble Supreme Court of India, against Union of India and Election Commission of India as Public Interest Litigation, registered as Writ Petition (Civil) No.559/95 with the interalia following important prayers:  

i) ISSUE direction to respondent No. 1 (Union of India) to make appropriate law in compliance of Constitution of India restricting entry of criminals into the politics by participating in the Election process to become the members of Parliament or State Legislative Assembly of any State;

ii) ISSUE direction to respondent No. 2 (Election Commission of India) to evolve a method to restrict the candidature of a person, facing criminal proceedings in any Court of Law, for the Membership of Parliament or State Legislative Assemblies and after due approval from this Hon’ble Court, impose the same for future elections till the respondent No. 1 makes Law; as prayed for under prayer No. i ) hereinabove.

 

That under paragraph 14 of the said Writ Petition I suggested interalia as under:-

a) No person can contest Election for Parliament or State Assembly, if he is accused in any criminal proceedings and Police prima-facie had satisfied with the complaint by filing charge sheet, till he not discharged or acquitted from such criminal case by a Court of Law;

b)     No person can contest Election for Parliament or State Assembly, unless he declares all the properties and business of his family members, before the Law Commission;

The Members of Parliament and / or State Legislative Assemblies should be defined as Public Servants under all criminal laws.

 

That powers to issue appropriate Writ by the Hon’ble Supreme Court and the Powers of the Election Commission is quite different, and considering dismissal of the said Writ Petition was by Hon’ble Chief Justice’s Court presided by A. M. Ahmadi, as then he was, on 29th August 1995 with observation that Court have nothing to do such issues relating to policy matters, as such thereafter on 20th March 1996 I filed a Petition before Election Commission of India that in consideration of Article 324 (1) read with Article 326 of the Constitution “Commission invite following information on oath or affirmation from the intending candidates for such elections to furnish along with nomination papers: -

(a)Whether any Criminal Proceeding in any Court of law is pending? if yes ; please state:

(i ) Name of the Police Station, within Constituency or outside the Constituency ;

(ii) Number of Crime in respective Police Station?

(iii) Date of Crime according to F.I.R. registered in Police Station ?

(iv) reference of law under which crime is registered ?

(b)Whether, Charge Sheet is filed by the investigating authority in the above referred Crime Number? If, yes, please state: -

(i)            Name of the Court, in which charge sheet is filed?

(ii)        Number of the Crime Registered in the Court?

(iii)    Date of Charge Sheet?

(iv)        Reference of Law under which Charge Sheet is filed?

(c)The present status of the proceedings?

a)      If the Criminal Proceedings are pending more than one, similar informations should be provided in respect of each such proceeding.”

Thereafter, in or about August 1996 Election Commission issued Notification seeking such information from the candidates on affidavit. However, the Hon’ble Supreme Court withheld Constitutional validity of the aforesaid Affidavit subsequently.

Truth shall prevails