statesman news service
NEW DELHI, 3 AUG: Review petitions have been filed in the Supreme Court against two recent judgments disqualifying MPs and MLAs on being convicted and debarring arrested persons from contesting polls.
The petition, filed by president of Haryana Swatantra Party Ramesh Dayal urged the Supreme Court to review two verdicts delivered on 10 July.
The apex court had held that a person who is in jail or police custody cannot contest elections to legislative bodies. In another verdict, the court had struck down a provision in the Representation of People’s Act (RPA) that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts.
The verdicts have been opposed by politicians cutting across party lines and the Centre indicated it may also approach the apex court for a review and also go for a “legislative remedy” by amending current laws.
“The impugned judgment suffers from errors. Section 8(4) of RPA has been declared unconstitutional without tracing its history,” the petition said.
“This court passed erroneous judgment, which shall have serious repercussion on the functioning of Parliament, state legislature and democracy,” the petition said, noting, “There is no doubt that preventing of criminalisation of politics is a basic feature of the Constitution, but it cannot be extended to the level when democratically constituted Parliament may be weakened even to face its very existence.”