Convicted politicians who continue to head political parties or remain its office-bearers to choose candidates for elections goes against the concept of "purity of elections", observed Supreme Court on Monday while dealing with a PIL that seeks to bar convicted politicians from heading political parties.
Referring to a chain of decisions by the apex court on the need to maintain purity of elections, a Bench headed by Chief Justice Dipak Misra said, "How can a convicted person be an office-bearer of a political party and select candidates to contest elections? This goes against our judgments that corruption in politics is to be ostracized from the purity of elections."The pure question of law involved in the petition relates to whether conviction bars a politician from electoral politics. The Bench, also comprising Justices AM Khanwilkar and DY Chandrachud said, "So what you cannot do individually, you can do collectively through some of your agents?" commenting on the logic behind convicted politicians who as office bearers of political parties, select candidates to fight elections as their agents, defeating the purpose of preserving purity of electoral process.
The Bench said it had no issues if convicted politicians open a school and do some philanthropic activities. But the issue remains can such persons contest polls through others by forming a political party. It is a huge blow to the purity of the electoral process, it added.