The Hindu : Keeping 'shady' characters out

Online edition of India's National Newspaper
Sunday, Feb 24, 2002

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Keeping 'shady' characters out
By Lalit K. Jha

NEW DELHI, FEB. 23. To stop people with proven criminal background from contesting the municipal elections in Delhi, the State Election Commission has made it compulsory for candidates to file an affidavit affirming that they have never been convicted by any trial court in the past.

The unprecedented decision for the MCD elections has been taken by the State Election Commission after a similar successful exercise was carried out in the recently concluded elections to the Chandigarh Municipal Corporation. The Commission has its jurisdiction over both Delhi and Chandigarh.

``We successfully implemented this measure for the first time during the Chandigarh Municipal Corporation polls. As a result no such candidate with a proven criminal background could fight the Chandigarh polls. There was no such provision during the last MCD polls in 1997,'' the Joint Election Commissioner, D. M. Khaneta, said.

The 35 Returning Officers appointed by the State Commission have been issued a special set of directions under the subject: ``Criminalisation of politics -- participation of criminals in electoral process as candidates -- disqualification on conviction for offenses -- effect of appeal and bail.'' In this the Returning Officers have been specifically asked to check that no candidate with criminal background was allowed to contest the polls.

Arguing that criminal elements have been taking to politics in a big way, the direction said the country was facing the serious problem of criminalisation of politics in which criminals i.e., people convicted by courts of law for certain offences were entering into election fray and contesting as candidates. ``There is an urgent need to prevent them from entering the election fray so that they do not get elected,'' Mr. Khaneta said.

Referring to the recent judgment of Supreme Court and also by the High Courts in this regard, Mr. Khaneta concluded that the disqualification under section 8 of the Representation of People (R.P.) Act 1951 -- for those contesting the Parliamentary and Assembly election -- takes effect from the date of conviction by the trial court, irrespective of whether the convicted person is released on bail or not during the pendency of the appeal. ``This is ipso facto equally applicable in the matter of the elections to MCD Ward,'' he said.

The Election Commission has also come out with a performa in this regard to be filled by the every candidate contesting civic polls. It should be supported by an affidavit, duly sworn before a first class Magistrate or an Oath Commissioner or a Notary Public. The performa seeks information if the candidate has been sentenced to imprisonment for not less than six months under the R.P. Act or for two years in any other case and its details.

``Furnishing of any wrong information would be liable for action as per the law and it might even result in cancellation of the candidate's victory,'' he said.

Mr. Khaneta said a person who is convicted by any trial court is disqualified for a period of six years from the date of such conviction for being a member of the Municipality and on such conviction he shall be disqualified for a further period of six years after his release. ``However, those under prevention detention can contest the election,'' he added.

It is understood that at least one Councillor from both the BJP and the Opposition Congress(I) had succeeded in entering the existing House of the Municipal Corporation of Delhi the term of which expires on March 31.

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