The petition, which was mentioned before a bench headed by Chief Justice Dipak Misra, has raised a question whether a person against whom charges have been framed be permitted to contest polls.
“We will consider and let you know,” the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said when lawyer Ashwini Upadhyay mentioned the plea seeking early adjudication by a five-judge constitution bench.
The plea, which was also mentioned on January 5 by Upadhyay, seeks setting up of a larger bench on several grounds including that many people facing trial in serious cases could contest and win elections and hence the legal questions needed to be settled.
At present, a person, convicted in a serious criminal case, is barred from contesting polls and a lawmaker stands disqualified in the event of conviction.
Besides Upadhyay, former Chief Election Commissioner JM Lyngdoh and NGO ‘Public Interest Foundation’ had filed PILs raising similar issues. The pleas were referred to the larger bench which is yet to be set up.
Source : timesofindia