EC wants criminal candidates debarred

After the Supreme Court's intervention which instantly disqualified those convicted of serious offences, the Election Commission now wants debarring of candidates from elections if charges against them are framed in cases of heinous offences.

In a bid to check candidates filing false affidavits along with their nomination papers, the EC has also proposed that it should be a ground for disqualification with enhanced punishment.

"Regarding those who are facing criminal charges, the Commission has made a proposal to the Law Ministry stating that at least in cases where the minimum punishment is imprisonment up to five years individuals against whom charges have been framed by the competent magistrate at least six months before the scheduled date of election should be disqualified from contesting elections," Chief Election Commissioner V S Sampath said.

He said the proposal of the poll panel has been referred by the Law Ministry to the Law Commission which is working on making recommendations on electoral reforms.

Sampath said a ‘safeguard’ has also been proposed to prevent misuse of the provision. The provision of barring persons from contesting polls will apply only in cases where charges have been framed for the alleged crime six months before the announcement of elections.

"This is one of the proposals of the EC because we should also be wary of some politically motivated cases against candidates just of the eve of the elections," Sampath said.

A Supreme Court judgement dated July 12, 2013 provides for immediate disqualification of a convicted lawmaker.

Another proposal made by the Commission is that filing of false affidavits be made an issue for disqualification with enhanced punishment.

"A person who files false affidavit should be punished. I think two years or something, and it should also act as a disqualification. That will act as a deterrent," he said.

Under the present provision, candidates found guilty of concealing, failing to furnish information or providing false information in the election affidavit face six months in jail and a fine.

When asked why the EC does not favour making Model Code of Conduct violation into a legal offence, the CEC said it will lead to duplication of action.

"Is it not a double offence on the same thing? For most of the things, there is already a law. Under that law action has to be taken," he explained.

Asked whether the poll watchdog has prioritised some aspects of electoral reforms, Sampath said he would not like to "categorise them as what is important, what is not."

"Things like decriminalisation of politics are a continual effort... we keep working towards purity in public life," he said.

When asked if the EC would like to have more powers with regards to conduct of elections and maintaining a level playing field, Sampath said, "For any organisation to seek more powers, I don't think I would say no. Any regulatory organisation having more powers will further enable the organisation to discharge its functions more effectively. There is no doubt about that."

Sampath also rejected suggestions of EC 'not having teeth'. "Is not correct for the reason that we take action... we make people reply in 48 hours. If an extension is requested, we extend the time by another 48 hours. Case is disposed off in 96 hours. Have you seen this anywhere else? Does any other forum dispose off cases in 96 hours," he asked.