New Delhi: Chief election commissioner V.S. Sampath said on Monday that the Election Commission has proposed to the law ministry that “those facing criminal charges, at least in cases where the (minimum) punishment is imprisonment of five years, and the charges against the accused are framed at least six months before the poll date, should be disqualified from contesting,” .
He added that this had been referred by the law ministry to the Law Commission, that was working on recommendations on electoral reforms.
The CEC said a “safeguard” was also proposed to prevent misuse of this provision, so genuine candidates aren’t chargesheeted and kept away from the electoral process.
“This is one of the proposals of the EC because we should also be wary of some politically motivated cases against candidates just of the eve of the elections,” Mr Sampath said.
A July 12, 2013 judgement of the Supreme Court provides for immediate disqualification of a convicted lawmaker. Another proposal made by the Commission is that filing of false affidavits be made an issue for disqualification with enhanced punishment.
“A person who files false affidavit should be given some punishment. I think two years or something, and it should also act as a disqualification. That will act as a deterrent,” the CEC said.
Under the present provision, candidates found guilty of concealing, failing to furnish information or providing false information in the election affidavit face six months in jail and a fine.
Asked why does the EC not favour making Model Code of Conduct violation into a legal offence, the CEC said it will lead to duplicacy of action.
