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Prevent Criminal from democratic process

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In considerations of my own sufferings based on Politics-Mafia-Nexus, I realized that in real terms politics and governance are dominated by the criminals. Therefore, in 1995 I filed Writ Petition (Civil) No. 559 of 1995 before Supreme Court. In fact nobody can deny that today’s Mandatory Affidavit for candidates of Parliament or State Legislatures, to disclose assts, criminal records etc., exclusively was invented, innovated and evolved and referred by me in the following manner:

On 9th August 1995 I filed Writ Petition(Civil) No. 559 of 1995 based on Vohra Committee Report against the Union of India and the Election Commission of India as Public Interest Litigation with interalia following prayers: -

i)        ISSUE direction to respondent No. 1 (Union of India) to make appropriate law in compliance of Constitution of India restricting entry of criminals into the politics by participating in the Election process to become the members of Parliament or State Legislative Assembly of any State;

ii)                   ISSUE direction to respondent No. 2 (Election Commission of India) to evolve a method to restrict the candidature of a person, facing criminal proceedings in any Court of Law, for the Membership of Parliament or State Legislative Assemblies and after due approval from this Hon’ble Court, impose the same for future elections till the respondent No. 1 makes Law; as prayed for under prayer No. i ) hereinabove.

         Under paragraph 14 of the Writ Petition Petitioner interalia suggested as under:-

a)      No person can contest Election for Parliament or State Assembly, if he is accused in any criminal proceedings and Police prima-facie had satisfied with the complaint by filing charge sheet, till he not discharged or acquitted from such criminal case by a Court of Law;

b)      No person can contest Election for Parliament or State Assembly, unless he declares all the properties and business of his family members, before the Law Commission;

The Members of Parliament and / or State Legislative Assemblies should be defined as Public Servants under all criminal laws.

That on 20th March 1996 I filed a Petition before Election Commission of India that in consideration of Article 324 (1) read with Article 326 of the Constitution “Commission invite following information on oath or affirmation from the intending candidates for such elections to furnish along with nomination papers: -

(a)    Whether any Criminal Proceeding in any Court of law is pending? if yes ; please state:

(i ) Name of the Police Station, within Constituency or outside the Constituency ;

(ii) Number of Crime in respective Police Station?

(iii) Date of Crime according to F.I.R. registered in Police Station ?

(iv) reference of law under which crime is registered ?

(b)    Whether, Charge Sheet is filed by the investigating authority in the above referred Crime Number? If, yes, please state: -

(i)                 Name of the Court, in which charge sheet is filed?

(ii)               Number of the Crime Registered in the Court?

(iii)             Date of Charge Sheet?

(iv)              Reference of Law under which Charge Sheet is filed?

(c)    The present status of the proceedings?

If the Criminal Proceedings are pending more than one, similar informations should be provided in respect of each such proceeding.”

 

       Today in every village and local area of a town Criminals are dominating politics, thus society. Therefore this is high time that criminals should be restricted from participating in democratic process for the politics. In considerations of such a views I invented, innovated and evolved a system to keep away a person having criminal background from participating in democratic process through a mechanism, under which Election Commission should suspend a Voter from Voting Rights if he is charge Sheeted six month prior to date of election keeping his name in a separate list of “Suspended Voters”. Therefore, I suggested in Writ Petition (Civil) No. D-8305/96 filed before Supreme Court in 1996 praying therein interalia to issue Directions upon the Election Commission of India, interalia to suspend and / or withheld the name of any person from the Electoral Rolls, if he is an accused in any Criminal Proceeding and Investigating Authority Prima-facie satisfied about his crime by filing Charge Sheet, till he will be not declared innocent person by a Court of Law, immediately after such information about such Criminal Proceedings received by the Commission. Certainly, this may not be practical for the Election Commission to collect details of each Voter. But, whenever, any person inform about such criminal cases or one submit his Nomination Paper for any Election and also submit details of his record of Criminal Cases, where he was charge sheeted six month prior to date fixed for election, his name on the basis of his own admission should be posted under the “Suspended Voter’s List”. Thereafter, on the basis of such inclusion of his name under “Suspended Voter’s List”, nomination paper should be rejected.

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TRUTH SHALL PREVAILS