Wednesday, September 27, 2023

Lifetime ban on MPs/MLAs from contesting polls: Supreme Court directs High Courts to study 17th report by Amicus, submit status report

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The Apex Court has decided to hear plea for lifetime ban on convicted MPs, MLAs from contesting elections.

A bench comprising of CJI DY Chandrachud and Justice Narsimha
while hearing the matter today.

The Sr Adv Vijay Hansaria said that there were more than 5,000 cases which were against legislators for which he sought some urgent directions from this court.

Hansaria said that the trial against legislators must be expedited and that has been the goal of this court for last two decades. There has been no time bound directions.

Justice Narasimha when asked to directly suggest the course, the advocate said that day to day hearing as per Section 309 would be the best resort.

Justice Narasimha said that how would a Single judge double up as statutory authority How would the court put him exclusively.we only have limited number of judges.

Hansaria said that 7 years back there were 4112 cases pending against legislators and now it is 5112 cases.

The Chief Justice then said that that this should be looked into by the High Courts as they have to make infrastructural allocations. Even if we pass some directions… HC will have to implement it.

Justice Narasimha said to go systematically and take one state at a time, with their pending cases and the available judges after that the directions can be issued.

The CJI said that let the High Courts look at the suggestions in the 17th report by amicus and submit a status report in this court.

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