New Delhi: The Supreme Court with a view to preventing criminalization of politics, questioned whether convicted politicians can form and head a political party, can choose candidates for the polls after they are disqualified from contesting elections. A Bench of Chief Justice Dipak Misra and justices A.M. Khanwilkar and D.Y. Chandrachud made this observation during the course of hearing of a PIL by BJP leader and advocate Ashwini Kumar Upadhyaya seeking a ban on convicted persons from forming or being officer bearers of a political party. The Chief Justice orally observed, “How can a convicted person be an office-bearer of a political party and select candidates to contest elections. This goes against our judgments that corruption in politics to be ostracized from the purity of elections. It is a strange situation that what convicted persons cannot do individually, can do collectively through some of their agents? “A man cannot directly contest an election, so he constitutes a group of persons to form a political party and contest an election. An association of people can do philanthropic activities like have a hospital or a school. But when it comes to the field of governance, it is a different matter.” The Bench asked the Centre to file its response after the Election Commission filed an affidavit that it was supporting the ban.
Supreme Court questions convicted politicians heading parties
- by Rinku
- February 12, 2018 2 minutes

Supreme Court