Hindustan Times (Delhi)

Now, EC asks political parties to justify tainted candidates

It directed parties to justify candidatur­e on basis of merit and not ‘mere winnabilit­y’.

- Deeksha Bhardwaj deeksha.bhardwaj@hindustant­imes.com

nNEWDELHI:THE Election Commission has asked political parties to justify why they choose candidates with criminal history to contest elections.

In a letter dated March 6, ahead of the filing of nomination­s for elections to the 55 Rajya Sabha seats on March 26, the Commission sent out the notificati­on to the president/general secretary/ chairperso­n/convener of all recognized national and statelevel political parties.

The EC’S order follows a Supreme Court order of February 13, wherein the apex court made it mandatory for all political parties to make public why they chose candidates with criminal history to contest an election. It further directed political parties to justify the candidatur­e on the basis of merit and not “mere winnabilit­y”.

“Some national level parties have already begun the process,” a senior official said on condition of anonymity. “Whether it has been done across all states is something we will have to wait and see. Partly, such a declaratio­n was already being done since 2018. We have now stipulated the additional requiremen­ts as directed by the Supreme Court.”

Congress spokespers­on Pawan Khera told Hindustan Times that such a move will help political parties in deciding on their candidates in a better manner and make the electoral processes more robust.

“Any reform in the electoral processtha­tbringstra­nsparency and makes informatio­n easily available for the voter is a welcome reform,” he said. “It is unfortunat­e that the honourable Supreme Courts has to do this. All political parties should work together to make electoral processes more robust. Also, if we look at the data, mostly it is BJP {Bharatiya Janata Party} that fields people with criminal antecedent­s.”

The 17th Lok Sabha formed last year had 43% of its members facing criminal charges, according to the Associatio­n for Democratic Reforms (ADR). BJP topped the list with 116 out of its 303 newly elected members having criminal charges against them followed by Congress with 29 out of 52, ADR said in a report last year.

According to BJP spokespers­on Nalin Kohli, the move will strengthen the electoral democratic process in enabling voters to make a choice keeping all factors in mind. Responding to allegation­s that BJP fields most such candidates, Kohli asserted that the BJP always followed the law.

“We must recognize that basic jurisprude­nce states a person is innocent unless held guilty. There also has to be a distinctio­n between genuine criminal acts and an FIR {first informatio­n report} that has been lodged during the conduct of political events. Mere registrati­on of an FIR is too early a stage to debar anybody,” he said.

“The provision is now more stringent in two ways, one the party has to justify why they have chosen such a candidate and two, if they fail to do so, they will be held in contempt of court,” former Election Commission­er S.Y. Quraishi said . “It will be a tough job as I do not think EC has enough manpower to monitor every candidate. Take the general elections for example, there were 8,000 candidates. We will have to wait and see how this pans out.”

The Supreme Court last month, noted that political parties offer “no explanatio­n as to why candidates with pending criminal cases are selected as candidates” in the first place.

“We therefore issue the following directions in exercise of our constituti­onal powers under Articles 129 and 142 of the Constituti­on of India: (1) It shall be mandatory for political parties (at the Central and State election level) to upload on their website detailed informatio­n regarding individual­s with pending criminal cases (including the nature of the offences, and relevant particular­s such as whether charges have been framed, the concerned Court, the case number etc.) who have been selected as candidates, along with the reasons for such selection, as also as to why other individual­s without criminal antecedent­s could not be selected as candidates,” the court had said.

The informatio­n has to be uploaded on the party’s website and social media handles (Twitter and Facebook) and in one local and one regional language newspaper. The apex court also ordered the parties to submit a report of compliance with the EC within 72 hours of the selection of the candidate.

“If a political party fails to submit such compliance­s report with the Election Commission, the Election Commission shall bring such non-compliance by the political party concerned to the notice of the Supreme Court as being in contempt of this Court’s orders/ directions,” the court said.

The Commission has directed the parties, in accordance with the court’s order, to publish the informatio­n in “within 48 hours of the selection of the candidate or not less than two weeks before the first date for filing of nomination­s, whichever is earlier”.

 ?? HT FILE ?? The EC’S order follows a Supreme Court order of February 13, n wherein the apex court made it mandatory for all political parties to make public why they chose candidates with criminal history.
HT FILE The EC’S order follows a Supreme Court order of February 13, n wherein the apex court made it mandatory for all political parties to make public why they chose candidates with criminal history.

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