Contempt plea in SC against MP Congress candidate for allegedly not publicising criminal cases

A plea was filed in the Supreme Court on Tuesday for initiation of contempt proceedings against a Congress party candidate in Madhya Pradesh assembly polls, alleging that he did not make the electorate aware about the criminal cases against him as mandated by the apex court.

A five-judge Constitution bench had, on September 25, issued a slew of directions to ensure de-criminalisation of politics including asking the candidates and their parties to widely publicise through media their criminal antecedents, if any.

Alleging violations, a contempt plea has been filed by NGO 'Public Interest Foundation' against Arunodaya Chaubey alias Annu Bhaiya, the Congress candidate from Khuraia assembly seats in Madhya Pradesh, which will go to polls on November 28.

The fresh plea, filed through lawyers Ashwini Upadhyay and Ashwani Kumar Dubey, has also made Chief Election Commissioner O P Rawat and other election officers of the state as parties.

"That by ignoring the direction issued by this court on September 25, 2018, the alleged contemnors O P Rawat, V L Kantharao, Alok Singh, Vikas Singh and Arunoday Chaubey have committed contempt for which they are liable to be proceeded and punished according to law," it said.

The petition alleged that criminal cases for offences of attempt to murder and assault under the IPC are pending against Chaubey and these have not been publicised as directed by the apex court in its September 25 verdict.

It said the Election Commission had issued notification for enforcement of the Model Code of Conduct after the announcement of elections in the state.

The petition said the Election Commission, which had issued notification on October 10, 2018 regarding amended Form-26 and directions to political parties and candidates for publication of criminal antecedents, has failed to secure fundamental right of voters because it has neither amended Model Code of Conduct nor the Election Symbol Order 1968 so that the notification has no legal sanction.

The Constitution bench headed by then Chief Justice Dipak Misra had directed that all candidates will have to declare their criminal antecedents to the Election Commission before contesting an election, saying criminalisation of politics of the largest democracy was "unsettling".

The top court in its unanimous verdict had favoured wider publicity, through print and electronic media about the antecedents of candidates affiliated to political parties saying that the citizens have a right to be informed about their candidates.

The bench had directed that each contesting candidate will have to fill up the form provided by the Election Commission and he or she will have to state "in bold letters" about the criminal cases pending against the candidate.

The top court had directed that a candidate and the political party concerned will have to issue a declaration in widely circulated newspapers in the locality and in electronic media about his or her antecedents.

"When we say wide publicity, we mean that the same shall be done at least thrice after filing of the nomination papers," it had said.