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.
