AMN / New Delhi
Supreme Court today said that it will examine whether Election Commission could take recourse to the provisions of the Representation of People Act for deregistering political parties if they have convicted/tainted politicians are office bearers.
The bench of Chief Justice Dipak Misra, Justice A.M.Khanwilkjar and Justice D.Y.Chandrachud agreed to if Election Commission can take recourse to Section 29A of the Representation of People Act to deregister a political party if it office bearers have convicted politicians.
The court decided to examine the provision as it did not accept a plea by lawyer Ashwini Kumar Upadhyay seeking direction that no convicted politician could be an office bearer of a political part. The court said that it would amount to law making exercise.
Section 29A of the Representation of People Act provides for the registration of political parties with the Election Commission.
The Section 29A of the Representation of People Act, 1951 says that any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of the part II of the Representation of People Act shall make an application to the Election Commission for its registration as a political party.
