Prayer (a) pertains to debarring convicted MPs and MLAs for life from contesting elections and setting up of special courts to deal with cases involving elected representatives of the people.
The Election Commission (EC) will unequivocally reiterate the plea to debar convicted MPs and MLAs for life from contesting elections when the matter comes up for hearing in the Supreme Court.
"The Commission has not taken any U-turn on the matter of decriminalisation of politics. Our stand is clear and unambiguous and in sync with the petitioner's prayer to debar the convicted legislatures (MPs and MLAs) for life. How can there be a U-turn when we have said so on oath?" a source in the EC told DNA.
This functionary was commenting on the recent controversy after the EC lawyer told the Supreme Court bench of Justices Ranjan Gogoi and Navin Sinha that while the poll regulator supported the plea to the extent that there should be a mechanism for decriminalisation of politics, it had not taken a final decision on it.
In its affidavit, the EC — while asserting that it was alive to the issues that concern the conduct of free and fair elections and functioning of a healthy democracy and has been asserting that electoral reforms which further the cause be brought in — had said, "...To the extent of relief claimed under Prayer (a) and (b) is not adversarial and the Election Commission of India supports the cause espoused by the petitioner."
Prayer (a) pertains to debarring convicted MPs and MLAs for life from contesting elections and setting up of special courts to deal with cases involving elected representatives of the people.
Explaining the reasons for the confusion, the EC source said the reply of the lawyer representing them was not in line with their view.
When asked to spell out the EC's opinion on barring convicted legislators for life, he had told the apex court that the "Commission has not taken any decision and doubts whether it falls in the legislature's domain".
On the EC not taking a stand with regard to an issue in the PIL, seeking directions to set a minimum qualification and maximum age limit for the legislators, the source said, "Here the EC is of the view that it falls in the domain of the legislature as it would require an amendment in the Constitution. This is what we have clarified in our Affidavit too."
He added: "But it (Commission's view) will become all clear on July 21 when the matter comes up for the next hearing. The Commission will be represented by senior lawyers who will make our stand absolutely clear as described in the affidavit."
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