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SC notice to Centre, EC over plea to bar convicts from forming parties

ANI  |  New Delhi [India] 

The Supreme on Friday issued a notice to the Centre and the Commission of (ECI) on a plea seeking a ban on the convicted persons from forming a political party and becoming the office bearers of a political party.

A three-judge bench of the Apex Court, headed by Chief Justice of and also comprising Justices A M Khanwilkar and D Y Chandrachud, issued the notice after hearing a filed by the (BJP) leader, Ashwini Upadhyay.

The demand to decriminalize politics is not new in

On July 10, 2013, the Supreme struck down a provision in the electoral that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts and ruled that Members of Legislative Assembly (MLAs) and Members of (MPs) convicted for two years or more cannot contest polls.

"The only question is about the vires of section 8(4) of the Representation of the People Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction," a bench of justices A K Patnaik and S J Mukhopadhaya had ruled.

Under Sec 8(3) of the RPA, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified for that and a further six years after release.

In April, the Centre opposed in the Supreme a demand to bar convicted politicians for life from contesting polls.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Fri, December 01 2017. 16:00 IST