Convicted person cannot be barred from holding posts in political party: SC told

NEW DELHI: Opposing a plea to restrain people with criminal background from forming or holding any posts in political party, the Centre has told the Supreme Court that a convicted person could not be banned from indulging in political activity.

In an affidavit filed in the apex court on a petition seeking direction to Election Commission not to recognise a political party headed by a convicted person, the Centre said that it was conscious of the need for electoral reform to curb criminalisation of politics and such order should not be passed by the court.

“Having regard to the existing provisions of law relating to registration of political part, there does not appear any connectivity and nexus between the situations debarring the persons disqualified under Representation of People's Act and/or convicted under criminal law from con- testing an election to Parliament or state legislatures vis-a-vis debarring such persons from forming or becoming a member of any political party,” the government said in its response.

“Appointment of postholder to a political party is a matter of party autonomy and it may not be apposite to preclude the Election Commission from registering a political party merely because a particular post-holder is not qualifies to contest elections,” it said.