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Election Commission wants debarring of candidates charged with heinous offences

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Chief Election Commissioner V S Sampath
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After Supreme Court's intervention instantly disqualifying those convicted of serious offences, the Election Commission now wants debarring of a candidate from elections on framing of charges 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.

"Those who are facing criminal charges, the Commission has made a proposal to the Law Ministry (that) at least in such of the criminal cases where the (minimum) punishment is imprisonment of five years, if a person is accused of that and if charges have been framed by the competent magistrate at least six months before the scheduled date of election, they should be disqualified from contesting elections," Chief Election Commissioner VS 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 July 12, 2013 Supreme Court judgement 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 given some punishment. 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.

Asked why does the EC not favour making Model Code of Conduct violation into a legal offence, the CEC said it will lead to duplicacy 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. It won't be correct, because what judiciary has to do, judiciary has to do. What EC has to do EC has to do. Then same thing will lie in both the fora judiciary and EC," he explained.

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