Punjab and Haryana high court has granted the Centre the last opportunity to submit its response to a plea seeking directions to disqualify all those convicted and sentenced to imprisonment, even if the term is below two years, from contesting parliamentary or assembly polls.
Terming the Centre’s reply ‘inappropriate’, the high court said, “Short reply filed by the Union of India is not filed para-wise and therefore, the Union of India runs a risk of admission on any aspect which has not been answered in the reply…As a last indulgence, four weeks’ time is granted to the Union of India to file para-wise reply, failing which the right to file this reply will be forfeited.”
Division bench comprising Chief Justice Sheel Nagu and Justice Anil Kshetarpal has passed these orders while hearing a public interest litigation (PIL) by Ganesh Khemka, a Supreme Court lawyer .
According to the petitioner, only those awarded a term of two years or more by any court of law are barred from contesting elections.
Act lets convicted member hold seat during term, says plea in HC
Even while taking cognizance of the matter in 2019, the HC had observed that “prima facie, there appears to be force in the submission made and the issue requires scrutiny”. The matter has been pending before the HC since then.
The petitioner has argued that pursuant to the Supreme Court’s verdict in Lily Thomas versus Union of India and others, a disqualification which forecloses a candidate from being chosen as the member of the House will equally apply as a disqualification from holding the membership to the House.
As a result, the continuance of Section 8 (3) not only allows a convict to contest elections, but also allows a convicted member of the House to continue to hold his seat, while serving his sentence. So, it should be read down.
