EC for debarring of those charged with heinous offences

[V.Balasubramani]

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[h=1]EC for debarring of those charged with heinous offences[/h]New Delhi: After Supreme Court's intervention instantly disqualifying those convicted of serious offences, the Election Commission now wants debarring of a candidate from elections on framing of charges in cases of heinous offences.

In a bid to check candidates filing false affidavits along with their nomination papers, the EC has also proposed that it should be a ground for disqualification with enhanced punishment.

"Those who are facing criminal charges, the Commission has made a proposal to the Law Ministry (that) at least in such of the criminal cases where the (minimum) punishment is imprisonment of five years, if a person is accused of that and if charges have been framed by the competent magistrate at least six months before the scheduled date of election, they should be disqualified from contesting elections," Chief Election Commissioner V S Sampath told PTI.

He said the proposal of the poll panel has been referred by the Law Ministry to the Law Commission which is working on making recommendations on electoral reforms.



Read more: EC for debarring of those charged with heinous offences | News Today

 

[V.Balasubramani]

For obtaining Passport/Visa it is mandatory to obtain Police Verification Report and the Department concerned get this report through their tie-up with Police Department.

Similarly, in respect of candidates appointed by the Private and Public Sectors, these organizations insist for Police Clearance Certificate before issuing Appointment Order or assuming office, etc

In respect of politicians as of now, there is no restriction on a candidate to contest elections unless he has been convicted by a court.

With the proposed condition, a candidate can be disqualified from contesting elections if a charge sheet has been filed against him in a court for any crime where the prison term is not less than five years.

It is a welcome move.

 

[sangom]

For obtaining Passport/Visa it is mandatory to obtain Police Verification Report and the Department concerned get this report through their tie-up with Police Department.

Similarly, in respect of candidates appointed by the Private and Public Sectors, these organizations insist for Police Clearance Certificate before issuing Appointment Order or assuming office, etc

In respect of politicians as of now, there is no restriction on a candidate to contest elections unless he has been convicted by a court.

With the proposed condition that a candidate can be disqualified from contesting elections if a charge sheet has been filed against him in a court for any crime where the prison term is not less than five years.

It is a welcome move.

Shri Balasubramani,

It may be a welcome move, apparently, but what is likely to happen is that "benamis" for those ineligible heinous-crime-politicians will get elected and rule as per the dictats of those very same politicians.

Mr. Sampath has not understood the reach, ability and intelligence of our politicians, it seems.

There is a proverb in Malayalam which goes as, குளிப்பிச்சு குளிப்பிச்சு குஞ்ஞிநேக் கண்டில்ல (kuḷippiccu kuḷippiccu kuññinekkaṇṭilla) meaning, a mother who wanted her dark baby to become white in complexion, went on rubbing, scrubbing and bathing that baby until the baby was dead. Our Indian democracy should not get the fate of that baby!

 

[V.Balasubramani]

Sangom Ji,

We need lot of electoral reforms and this is one among such which is long overdue.

You are talking about ‘benamis' which is not ruled out but is rarest of rare.

Politicians with criminal background are unethical, untrustworthy and undesirable. They should not be encouraged to come to power and this measure is one to check and ensure that only candidates who have no criminal background contest in elections and come to power.

Let us go by the majority.

Anyway at least now they have proposed it and let us wait with hope that the proposal gets necessary approval.

நல்லது நடக்க நல்லதையே நினைப்போம்…………

 

[V.Balasubramani]

In this regard I would like to share the following news item appeared in Times of India on 28.08.2014.

Netas charged with heinous crimes may be barred from polls for 13 years

NEW DELHI: The Narendra Modi government is ready with some tough proposals to decriminalize politics by amending the Representation of People Act to debar those against whom charges are framed in a heinous crime from contesting elections for a minimum of 13 years.

The proposed changes, part of the draft RP Act (amendment) bill, says a candidate can be disqualified from contesting elections if a chargesheet has been filed against him in a court for any crime where the prison term is not less than seven years. He shall remain disqualified from contesting polls till his acquittal or six years after serving the prison term.

So, even if the trial is pending or upon conviction a candidate goes in for appeal he stands disqualified from contesting elections for a period which shall be the complete term of the sentence and six years thereafter - thus the minimum disqualification stands at 13 years. As of now, there is no restriction on a candidate to contest elections unless he has been convicted by a court.

Read more: Netas charged with heinous crimes may be barred from polls for 13 years - The Times of India