May 22, 2018, 7:38 pm IST
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If a convict cannot contest elections, how can he form party?

If a convict cannot contest elections, how can he form party?

 Feb 13, 2018

The Supreme Court on Monday asked the Centre that how can a convicted person, who cannot contest elections, be able to form a political party and select a candidate to contest the elections?

A three-judge Bench headed by Chief Justice Deepak Misra raised this question when the Centre said a convicted person cannot contest elections, but he can form a political party.

The apex court said a criminal deciding who the people should vote for goes against the basic tenet of democracy.

The court said a person who cannot contest elections himself, how can he contest as a candidate? During the hearing of the petition of Bharatiya Janata Party leader Ashwani Upadhyay, the apex court directed the Centre to file the reply within two weeks.

The Centre said, ''there is no law to prevent any leader who has been convicted to prevent party formation. The government said after the crime is proved, the leaders can not contest elections.''

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