Candidates can't be barred from polls on framing of criminal charges: SC

Each candidate to declare criminal antecedents to EC before contesting an election, SC said

Supreme Court on Tuesday ruled that candidates cannot be disqualified on framing of charges against them in a criminal case. 

However, the top court held that each candidate shall declare such charges to the election commission before contesting an election.

The verdict was pronounced on a batch of pleas raising a question whether lawmakers facing criminal trial can be disqualified from contesting elections at the stage of framing of charges against them.

The bench comprising Chief Justice of India Dipak Misra, R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra had earlier indicated that voters have a right to know the antecedents of candidates and the Election Commission could be asked to direct political parties to ensure that persons, facing criminal charges, do not contest on their tickets using their poll symbols.

The Centre has contended that the judiciary should not venture into legislative arena by creating a pre-condition which would adversely affect the right of the candidates to participate in polls as there was already the RP Act which deals with the issue of disqualification.