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Banning charged ‘netas’: SC to consider setting 5-judge bench

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.

By: PTI | New Delhi | Published: September 4, 2017 10:44 pm

Supreme Court on Monday said it would consider setting up a five-judge constitution bench to hear a plea seeking barring of those politicians against whom charges have been framed in serious offences, from contesting elections. 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 J M 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.

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