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SC to hear on Thursday plea for contempt proceedings against EC for alleged violation of its order

Press Trust of India  |  New Delhi 

The on Tuesday listed for hearing on March 14 a plea seeking initiation of contempt proceedings against the Centre and the (EC) for alleged violation of the apex court's September 25, 2018 judgment directing all candidates to declare their criminal antecedents to the poll panel before contesting elections.

A five-judge bench had in September last year unanimously held that all candidates will have to declare their criminal antecedents to the before contesting polls and had called for wider publicity, through print and about the antecedents of candidates.

A bench headed by listed the contempt petition filed by for hearing before an appropriate bench on March 14.

The bench also comprising justices and directed that a copy of the petition be served to the of the poll panel to ensure their representation at the next hearing before an appropriate bench.

"List the matter on March 14 before the appropriate bench as per the roster. A copy of the contempt petition be served on the of the of India to ensure due representation in Court on the date fixed," the bench said.

The had on October 10 last year issued notification regarding amended Form-26 and directions to political parties and candidates for publication of criminal antecedents.

However, the plea filed by Upadhyay alleges that the neither amended the Election Symbol Order 1968 nor the Model Code of Conduct (MCC) so the said notification has no legal sanction.

"On October 10, 2018, the issued direction to political parties and candidates for publication of criminal antecedents without amending the Election Symbol Order & Model Code of Conduct so the direction has no legal sanction," the plea said.

It also said that the did not publish list of leading newspapers-channels nor clarified the timing for declaration of criminal antecedents by candidates which led to the candidates publishing them in unpopular newspapers and channels during odd hours.

"It (ECI) had not published list of leading newspapers-channels, so candidates published criminal antecedents in unpopular newspapers-news channels. has not clarified the timing of publication, so candidates published criminal history in odd hours when people don't watch news channels. Political parties had neither published the details on website nor in newspapers or news channels during assembly elections, but the ECI did nothing against them," the plea alleged.

"On March 10, the ECI announced the dates of without amending the Election Symbol Order & Model Code of Conduct, which is essential for compliance of Judgment dated 25.9.2018 hence petitioner is filing the contempt petition," it said.

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

First Published: Tue, March 12 2019. 20:16 IST