PIL filed in Delhi HC over fixing minimum educational qualification for MPs, MLAs

New Delhi, June 3: We all want politicians who have clean, spotless record to come forward and join politics. Nobody wants corrupts and criminals to rule the political map of the country.

With the similar motive, a petition has been filed in the High Court. The petition has been filed by the noted Supreme Court lawyer Ashwini Kumar Upadhyay. He has cited various grounds in support of his plea.

The petitioner has urged honourable court to issue a direction or order or writ to declare the Sections 8 and 9 of the Representation of the People Act 1951 unconstitutional and void as they restrict disqualification period up to 6 years only.

The Act allows convicted person to contest Parliament / Assembly Election and thus inconsistent with Article 14 of the Constitution of India.

Through the petition, it has also been prayed to issue a direction or order or writ, directing the respondents to implement the Election Commission's Proposed Electoral Reform and Law Commission Report No-244 and 255, which is necessary for de-criminalization and de-communalization of Politics.

Apart from these, Upadhyay also requested court to issue such other writ; order or directions as may be necessary, directing the respondents to set Minimum Educational Qualification and Maximum Age Limit for contesting candidates in spirit of the Apex Court Judgment in Rajbala & Others Vs State of Haryana.

In the support of his plea, lawyer cited many grounds i.e unlike Executive and Judiciary, there is no such deterrent in politics. People can form their party despite their conviction. Petioner also urged the court to over-haul the whole process to bring transparency and accountability into the electoral system.

Here are the various grounds cited by the lawyer in support of his plea.

"Because in the Executive and Judiciary, when one is convicted for any criminal offence, he or she is suspended automatically and their services are terminated for lifetime, however, this rule is applied differently in case of convicted person is a legislature.

Even after conviction and undergoing sentence, one can form his Political Party, become the Office Bearer of a Political Party, contest the Election, and become member of Legislature after expiry of six years period from the date of his/her conviction", lawer cites the grounds.

Minimum Educational Qualification and Maximum Age Limit be mandatory criteria on contesting the Parliament and Assembly Election

"The Representation of the People Act-1951, burdened with the very important task of Law making, has also not provided any proper guidelines in the form of Minimum Educational Qualifications, Maximum Age Limit, Good Character and Conduct", petitioner said in support of his plea.

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