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This is an archive article published on September 21, 2002

Poll reforms: Govt, EC get SC notice

The Supreme Court today issued notices to the Centre and Election Commission on petitions challenging the controversial electoral Ordinance ...

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The Supreme Court today issued notices to the Centre and Election Commission on petitions challenging the controversial electoral Ordinance exempting candidates from disclosing their financial and educational background at the time of filing their nominations.

A bench comprising Justice M.B. Shah and Justice D.M. Dharmadhikari directed the Centre and the EC to file their affidavits within 10 days while saying the matter will come up for final hearing on October 8.

Solicitor General Harish Salve urged the court to hear the matter expeditiously rather than grant the interim prayer of the petitioners to stay the operation of the Ordinance.

The petitioners — People’s Union of Civil Liberties and NGO Lok Satta — challenged the Ordinance on the ground that it overrides the May-2 SC order directing the EC to get information from candidates about criminal cases against them, assets and liabilities and educational qualifications.

Former CJ of Delhi High Court Rajinder Sachar and senior advocate P.P. Rao, appearing for PUCL and Lok Satta, made a strong plea for an interim stay on Section 33 (B) inserted by the Ordinance in the Representation of People’s Act.

Section 33(B) provides that ‘‘notwithstanding anything contained in any judgement, decree or order of any court, no candidate shall be liable to disclose any such information, in respect of his election, which is not required to be disclosed or furnished under the Act.’’

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