File photo of the Supreme Court of India



NEW DELHI: Opposing a plea to restrain people with criminal background from forming or holding any posts in political party, the Centre has told the Supreme Court that a convicted person could not be banned from indulging in political activity.

In an affidavit filed in the apex court on a petition seeking direction to Election Commission not to recognise a political party headed by a convicted person, the Centre said that it was conscious of the need for electoral reform to curb criminalisation of politics and such order should not be passed by the court.

“Having regard to the existing provisions of law relating to registration of political part, there does not appear any connectivity and nexus between the situations debarring the persons disqualified under Representation of People’s Act and/or convicted under criminal law from contesting an election to Parliament or state legislatures vis-a-vis debarring such persons from forming or becoming a member of any political party,” the government said in its response.

“Appointment of post-holder to a political party is a matter of party autonomy and it may not be apposite to preclude the Election COmmission from registering a political party merely because a particular post-holder is not qualifies to contest elections,” it said.

The apex court had in December sought response from the Centre on a PIL filed by BJP leader Ashwini Kumar Upadhyay seeking ban on convicted person from forming a political party and becoming office bearer during the period during which he or she was barred from contesting election.

“Presently, even a person, who has been convicted for heinous crimes like murder, rape etc. can form a political party and become party president. the governance is revolved around the political parties. They are continuously engaged in performance of public duty and therefore it is important that they become transparent. De-criminalization and de-communalization of politics is essential in larger public interest as they perform public function and, therefore, convicted person should be debarred to form political party and become political office bearer,” the petition said.

Responding to the plea, the government said that registration of political party before Election Commission was only optional and not mandatory and constitution has guaranteed fundamental right to citizen to form an association which could not be curbed or restricted.

