Supreme Court Refuses Transfer To Another Bench PIL Seeking Lifelong Ban On MP/MLAs After Conviction

A Supreme Court bench led by Justice Surya Kant today refused to transfer to another bench a 2016 PIL seeking expeditious disposal of criminal cases against MP/MLAs and lifelong ban on the said class of politicians after conviction. 

A bench of Justices Kant and N Kotiswar Singh was requested by Senior Advocate Vijay Hansaria (acting as Amicus) that the matter be listed before a bench of which Justice Singh was not part, apparently for the reason that he and Justice Singh had worked together.

Observing that the bench would have acceded to the request had the case been adversarial in nature, Justice Kant declined the transfer, stressing that the case was in public interest. The matter has now been tentatively listed on April 8.

To recap, the present PIL was filed under Article 32 of the Constitution seeking expeditious disposal of criminal cases against elected MP/MLAs as well as a bar on convicted MPs/MLAs and persons who are dismissed from government service for corruption or disloyalty from contesting any elections for life. The petitioner challenged provisions of the Representation of People Act, which bar convicted politicians from contesting elections only for 6 years after serving the jail term.

In 2023, a bench led by former CJI Dr DY Chandrachud disposed of the first prayer and issued a slew of directions to monitor the early disposal of pending criminal cases against MPs and MLAs.

In February this year, Amicus Hansaria informed the Court that despite many directions passed in the matter since filing of the PIL, about 5000 criminal cases pertaining to MPs/MLAs remained pending.

In response, a bench of Justices Dipankar Datta and Manmohan noted that the issue of expeditious disposal of MP/MLA cases was disposed of in 2023, leaving it upon High Courts to monitor. However, as it was claimed that there was continuing delay in their disposal, with High Courts merely calling status reports and adjourning the matters, the bench placed the issue before CJI Sanjiv Khanna for constitution of an appropriate bench.

It also orally observed that criminalization of politics is a very major issue and sought the responses of Union of India and Election Commission on the challenge to constitutional validity of provisions of the Representation of People Act.

Case Title: ASHWINI KUMAR UPADHYAY Versus UNION OF INDIA AND ANR., W.P.(C) No. 699/2016 (and connected case)