Government, Election Commission differ on poll ban for convicted netas

NEW DELHI: The Centre is in conflict with the Election Commission on the issue of debarring chargesheeted lawmakers from contesting polls, with the election watchdog taking a much more aggressive stand.

While the Centre wants the quantum of punishment to be seven years or more to deserve disqualification, the EC wants any lawmaker against whom charges have been framed by a court and where the jail term is not less than five years to be barred from contesting elections.

The EC’s latest affidavit submitted before the Supreme Court this week is merely a reiteration of its stance, but its assertion that five-year jail term should be a condition for disqualification will encompass first-time offenders in narcotics and wildlife smuggling and those booked and charge-sheeted under the Arms Act among others.

Opposing the EC’s stand, the Centre wants only lawmakers charged with heinous crimes such as rape, murder, kidnapping and those facing serious corruption cases to be debarred from contesting.

The law ministry has already prepared a draft bill with this provision and may move Parliament during the winter session for its passage.

“Only those MPs/MLAs will be barred from contesting who have been chargesheeted for heinous crimes and where the sentence would not be less than seven years,” law minister Kapil Sibal had recently told TOI giving details of the draft bill. “We are ready with the draft bill and it will be circulated soon and then it will be taken to the Cabinet,” he said, adding that the government will not wait for the Law Commission to give its recommendation on this issue.

The EC affidavit came just before a related matter is to be heard by the Supreme Court where in a public interest litigation, an NGO ‘ Public Interest Foundation (PIF)’ has demanded that chargesheeted lawmakers should be kept away from contesting elections.

After hearing the PIF petition , the apex court had on October 8 asked the EC to file its response within a month when the government argued that the issue raised in the petition was policy matter and come under the exclusive jurisdiction of the legislature.

The law ministry’s move to bring the proposed legislation is intended to avert another adverse ruling from the apex court on a sensitive issue , especially when many politicians, including elected representatives, are facing trial after framing of charges against them in serious offences. These politicians, under existing law, are entitled to contest elections because of the principle - an accused is presumed innocent till pronounced guilty.