New Delhi: The Supreme Court on Monday declined the plea for an urgent hearing a batch of petitions raising an important question of law, whether a person facing a criminal case in a heinous crime can be disqualified from contesting Assembly or Parliamentary elections at the stage of filing chargesheet or framing of charges or only after conviction.
The CJI J.S. Khehar told counsel Ashiwini Kumar Upadhyaya, one of the petitioners and BJP spokesperson who sought early hearing by a Constitution Bench during summer vacation “We have already fixed three matters for disposal by a five-judge Constitution bench in summer vacation.”
Counsel told the Bench “It is a very important issue for democracy in our country. I was assured by the court on January 5 this year that a five-judge bench would be set up soon.” The CJI told the counsel “You cannot imagine how much time and efforts are needed in writing judgements.”
A three-judge Bench had in March 2016 referred to a larger bench a batch of PILs in 2011, the question ‘Whether disqualification for membership can be laid down by the Court beyond Article 102 (a) to (d) under the Constitution made by Parliament under Article 102(e).”
