Election Commission proposal to Supreme Court seeks poll ban on those facing serious charges

NEW DELHI: Election Commission has proposed before Supreme Court that any person against whom a court has framed charges for offences punishable with a jail term of five years or more should be barred from contesting polls.

In an affidavit filed in the apex court, EC said that after being named in a case, a person ceases to have the integrity which is a must for any candidate seeking high public office.

"(After the framing of charges), the integrity and character of the accused is under scrutiny and he ceases to have the requisite excellence and integrity to be considered as a candidate for high public office," EC said in its affidavit.

Supreme Court is hearing a Public Interest Litigation filed by the NGO, Public Interest Foundation, demanding a ban on persons charged with criminal offences from contesting polls.

The matter will come up for hearing on Monday. Earlier, while hearing the petition, the apex court had asked EC to file its response in the matter.

EC had earlier said that it was pertinent to note that the framing of charges against an accused is done after the allegations and evidence have undergone judicial scrutiny.

Thus, charges are only framed against an accused after judicial notice has been taken of the charges and the court finds that a prima facie case exists, EC had said.