SC Declined to Ban MPs & MLAs Facing Criminal Charges from Contesting Elections

SC Refuses to Disqualify Tainted Netas From Contesting Polls

The Supreme Court, today 25 September declined to ban MPs and MLAs facing criminal charges from contesting elections.

Filing of a charge sheet cannot be a ground for disqualification of legislators, the Bench maintained, according to Live Law. The Bench added that the court cannot add to the grounds of disqualifications and therefore cannot declare that chargen sheeted legislators as disqualified.

Supreme Court’s five judge Constitution Bench delivered its verdict on the plea for disqualifying candidates, against whom criminal charges have been framed, from contesting elections, on Tuesday, 25 September.

The Constitution Bench comprises Chief Justice of India Dipak Misra and Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.

According to Live Law, the matter had first gone to a three-judge bench, and later referred to the Constitution Bench, which began its hearing on this issue on 9 August.

On 28 August, reported Live Law, Justice Nariman had noted that “the moment we declare that a person charged with a heinous offence cannot stand in the election on that symbol, it is tantamount to creating a new offence from the backdoor that once the candidate is charged, he is disqualified…”

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