Any Pending Case Can Now Stop a Candidate From Fighting Elections

In cases where no charges were framed, should they deter a candidate from contesting elections? (Photo: Reuters)

On Monday, the Supreme Court said it will examine if it should be made compulsory for a candidate standing for elections to declare all pending cases against them to the Election Commission, including those which are not serious in nature, according to a report by The Times of India.

Criminal cases are lodged against a politician for blocking the road in protest, for which a chargesheet has been filed but charges are not framed. Can this suppression of facts by a politician during nomination deprive voters to make an informed choice? 

Bench of Justice Rajan Gogoi and Justice PC Pant

The court’s observation came as it stayed a Patna High Court order setting aside the election of BJP MP Chhedi Paswan from Sasaram constituency in Bihar.

Senior advocate Harish Salve who appeared for Paswan said the politician had three cases pending against him, two of which were for putting up posters, which violated the model code of conduct. The third case was related to a protest at Durgawati reservoir but no charges had been framed against him in any of the cases.

Source: The Times of India