SC junks plea seeking disqualification of convicted lawmakers from electoral college for prez poll, Legal News, ET LegalWorld – Legal Firms


The Supreme Court on Monday refused to entertain a plea seeking disqualification of convicted members of Parliament and state legislative assemblies from the electoral college for presidential election. A bench of Chief Justice D Y Chandrachud and Justice Hima Kohli dismissed the appeal of Satvir Singh represented by advocate Dushyant Parashar, saying that the President has been elected and cause of action does not exist.

Parashar contended that decriminalization of politics has already been settled by this court in 2019 in the PUCL versus Union of India (deals with automatic disqualification of lawmakers) despite that the electoral college of the presidential election still comprises tainted lawmakers.

The CJI said that since the issue is over, the court will not entertain this plea. Parashar agreed with the view of the court and said that though the cause of action is over, the electoral college of the presidential election will be weeded from the tainted lawmakers.

The bench said, “You convey this to your client. We are dismissing this plea.”

On July 18, the Delhi High Court had dismissed a petition seeking to restrain convicted lawmakers who are imprisoned in criminal cases from casting their vote in the presidential election.

The plea had been filed by Satvir Singh — a 70-year-old carpenter.

The petitioner said that he was seeking the deletion of names of all members of Parliament and Legislative Assemblies of States who have been disqualified in terms of the Representation of People Act for being imprisoned concerning criminal cases.

Claiming that the authorities are not following the law concerning disqualification, the petitioner said that it was necessary to delete such legislators from the electoral college of the presidential election.

The Election Commission told the high court that all the disputes with regard to the presidential poll can only be adjudicated by the Supreme Court.


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