A person against whom charges have been framed in a criminal case should be barred from contesting polls, the Election Commission today told the Supreme Court which directed the Centre to file its response on the issue.
The Commission said framing of a charge is done after judicial scrutiny of the evidence and the accused person should not be allowed to contest election as he ceases to have requisite excellence and integrity for public office.
"It is stated that where a person has been accused of serious criminal charges and where the court is prima facie satisfied about his involvement in the crime and consequently charges have been framed against such person, then in such cases, keeping such person out of the electoral arena would constitute a reasonable restriction for serving the larger public interest," the commission said in its affidavit.
"At this juncture, the integrity and character of the accused is under scrutiny and he ceases to have requisite excellence and integrity to be considered as a candidate for a high public office involved in the administration of the country," it said.
Appearing before a bench headed by Justice R M Lodha, advocate Meenaxhi Arora, appearing for the Commission, said the doctrine that a person is presumed innocent until proven guilty should not be applied to right of a person to contest election.
"It is pertinent to note that the framing of a charge against an accused is done after the allegations and evidence have undergone judicial scrutiny and application of judicial mind by a competent court. Thus only after judicial notice has been taken of the charges against the accused and the court finds that a prima facie case exist against the accused, charge is framed," she said.
