"Misconceived" : Supreme Court Dismisses PIL Seeking To De-Register Political Parties For Not Publishing Candidates' Criminal Antecedents

While dismissing the petition, a Division Bench of Justices SK Kaul and Abhay Shreeniwas Oka observed the petition is "misconceived" as the petitioner did not file any representation before the ECI as is required by law before filing a petition under Article 32 of the Constitution.

"We find the petition misconceived as what is being sought is implementation of the judgment of this Court in respect of disclosure of criminal cases and the petitioner has not filed any pleadings before the Election Commission whereby the Election Commission would have expressed its helplessness in the matter. That being the position, it is for the petitioner to approach the Election Commission with this grievance."

The Public Interest Litigation (PIL) filed by Advocate Ashwini Kumar Upadhyay had also sought directions to the ECI to take steps to ensure that every political party publishes the details regarding criminal cases of each candidate along with the reason for such selection on its official website within 48 hours as per the Supreme Court's judgments in Public Interest Foundation's case and Rambabu Singh Thakur's case.

During the hearing, the petitioner apprised the Bench of the both the judgements.

"I know the law, what is to be done. You are saying some people are not doing it. You are filing a 32 petition to enforce another judgement of the court!", Justice Kaul remarked.

Kumar suggested that the ECI published the Court's directions in the Election symbol and the Code of Conduct.

But the Court interjected to add that the advocate should've approached the ECI first.

"Have you made any representation to the Election commission? These are some illustrations where the norms have been violated and you should take appropriate steps. Suppose the Election Commission says it is powerless to take steps, then the cause before us arises. Not like this.."

"Please tell us, when you seeking a writ of mandamus, can you directly seek mandamus without approaching the authority? It's the law established before generations", Justice Oka added.

"It's like it's some kind of walk-in place. Everyone files petitions under 32", Justice Kaul lamented while declining the petitioner's request to adjourn the plea by a week.

"Sorry, we will not keep the matter on board for not even a day."

Case Title: Ashwini Kumar Upadhyay vs Union of India & Ors | W.P.(C) No. 31/2022 PIL-W

Click Here To Read/Download Order