P RAVICHANDRAN Vs. CHIEF ELECTION COMMISSIONER NEW DELHI

JUDGEMENT

(1.) PETITIONER challenges the Circular issued by the Election Commission of India, dated 28th August, 1997, the caption of which reads as under:

(2.) IT is the content of sub-section (4) of Section 8 that is the foundation for the argument now advanced before us, alleging discrimination against all persons other than sitting members of Parliament and State Legislature, who are convicted of any of the crimes adverted to in Section 8 of the Act and who are prevented - from contesting elections after their conviction, and during the pendency of the appeals or revision preferred by them. The attack is not on the validity of sub-section (4) of Section 8, which carves out a privileged class of sitting members of Parliament and State Legislature, who are treated as a class-apart and who are enabled to retain their membership and also contest the election even after their conviction, provided they have preferred an appeal or revision before the expiry of 3 months from the date of such conviction.

(3.) THE argument that conviction, per se, does not and should not disable a person from contesting elections is clearly not one, which is reflected in the Statute. On the other hand, the policy of the law is to keep out all convicts from the electoral fray for the period stated therein. Convicted criminals are not to contest elections. That is the policy of the Statute. THE disability will continue for the period specified in the several subsections of Section 8 of the Act. It is the period of six years from the date of conviction where the conviction is under any of the provisions of the Statutes listed in subclauses (a) to (k) of Section 8 (1) of the Act. THE disqualification in case of contravention of the laws referred to in sub-clauses (a) to (d) of Section 8 (2) accompanied by a sentence of imprisonment of not less than six months, is to commence "from the date of such conviction" and is to continue for a further period of six years after the release of the person. In case of conviction for offences under the provisions of Statutes not adverted in sub-sections (1) and (2) of Section 8, the disqualification is to operate in all cases where the person is convicted and is sentenced to undergo imprisonment for not less than two years and the disqualification in respect of such persons is to be operative "from the date of such conviction" and is to continue for a period of six years after their release.