A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud asked the ECI to file its reply in four weeks.
The top court had earlier asked lawyer M L Sharma, who has filed the PIL in his personal capacity, to furnish a copy of his amended plea to the ECI. It had decided not to issue notice on it for now.
The petition has also sought a direction to the CBI to register an FIR against Kumar in the case.
"Respondent number 2 (poll panel), despite knowing facts about his (Kumar's) criminal case, did not cancel his membership of the House and respondent (Kumar) still enjoys constitutional office till date," the plea said.
The lawyer has sought cancellation of Kumar's membership as per the Election Commission's 2002 order, stating it was mandatory for candidates to disclose criminal cases against them in their affidavits annexed to the nomination papers.
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