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  1. 1,515 downloads

    Publication of criminal antecedents by contesting candidates and political parties – Hon’ble Supreme Court order dated 10.08.2021 in Contempt Petition (C) No. 656 of 2020 titled Brajesh Singh Vs. Sunil Arora & Ors. - regarding
  2. 857 downloads

    No. 3/4/2021/SDR Dated: 26th February, 2021 To, The Chief Electoral Officers All States/Union Territories Subject: Publication of criminal antecedents by contesting candidates and political parties in pursuance of the Hon'ble Supreme Court decision in WP (C) No. 784 of 2015 (Lok Prahari Vs. Union of India and Others and in WP (C) No. 536 of 2011 (Public Interest Foundation & Ors. Vs. Union of lndia & Anr.) and in contempt petition (c) no. 2192 of 2018 in WP (C) no. 536 of 2011 - regarding. Reference: - No. 3/4/2017/SDR/Vol.II dated 10th October, 2018 No. 3/4/2019/SDR/Vol.I dated 19th March, 2019 No. 76/ECI/INSTIFUNC/EEM/EEPS/2019/VOL. XVII dated 8th May, 2019 No. 3/4/2019/SDR/Vol.III dated 30th August, 2019 No. 3/4/2020/SDR/Vol.III dated 6th March, 2020 No. 3/4/2020/SDR/Vol.III dated 19th March, 2020 No. 3/4/2019/SDR/Vol.IV dated 16th September, 2020 No. 3/4/2019/SDR/Vol.IV dated 30th October, 2020 No. 3/4/2020/SDR/Vol.III dated 11th January, 2021 Sir/Madam, I am directed to refer to the above letters on the subject cited and to send herewith a copy of booklet containing "Guidelines on publicity of criminal antecedents by political parties and candidates" issued in this regard, for your information and future reference. 2. Attention is brought to Para 5 (Introduction) of the booklet wherein the meaning of National/Vernacular newspapers has been prescribed in the context of Hon'ble Supreme Court's Order dated 13th February, 2020. This must be brought to the notice of all concerned. 3. This shall be informed to all DEOs/ROs in the State/Union Territory for necessary action on their part. 4. This shall also be circulated to all the political parties based in the State i.e. the State Units of the recognised parties and recognised State parties of other States and all registered un-recognised National/State political parties with headquarters based in your State/Union Territory, with instructions to take note of the above direction for strict compliance both by the parties and their candidates in all future elections. This may also be brought to their notice that the candidate, who fails to publish the declaration in the Newspapers, shall be issued notice by the CEO, in the enclosed format.
  3. 392 downloads

    No. ECI/PN/22/2020 Dated: 14th February, 2020 PRESS NOTE Commission to implement the directions of Hon’ble Supreme Court concerning criminal antecedents of candidates by reiterating its existing instructions with suitable modifications. Election Commission has consistently espoused rigorous and loftiest normative standards in public life. Hon’ble Supreme Court on 13 February, 2020 in Contempt Pet. (C) No. 2192 of 2018 of W.P. (C) No. 536 of 2011 invoking Article 129 and Article 142 of the Constitution of India directed as under, “1) It shall be mandatory for political parties [at the Central and State election level] to upload on their website detailed information regarding individuals with pending criminal cases (including the nature of the offences, and relevant particulars such as whether charges have been framed, the concerned Court, the case number etc.) who have been selected as candidates, along with the reasons for such selection, as also as to why other individuals without criminal antecedents could not be selected as candidates. 2) The reasons as to selection shall be with reference to the qualifications, achievements and merit of the candidate concerned, and not mere “winnability” at the polls. 3) This information shall also be published in: (a) One local vernacular newspaper and one national newspaper; (b) On the official social media platforms of the political party, including Facebook & Twitter. 4) These details shall be published within 48 hours of the selection of the candidate or not less than two weeks before the first date for filing of nominations, whichever is earlier. 5) The political party concerned shall then submit a report of compliance with these directions with the Election Commission within 72 hours of the selection of the said candidate. 6) If a political party fails to submit such compliance report with the Election Commission, the Election Commission shall bring such non-compliance by the political party concerned to the notice of the Supreme Court as being in contempt of this Court’s orders/directions.” Election Commission whole-heartedly welcomes this landmark order, which is bound to go a long way in setting new moral yardsticks for overall betterment of electoral democracy. Earlier, Commission on 10 October 2018 issued detailed instructions and guidelines along with amended form of affidavit for ensuring publicity of criminal antecedents by the candidates and the concerned political parties for the information of voters. This is being implemented in all the elections since November, 2018. Now, Commission proposes to reiterate these instructions with suitable modifications in order to implement the directions of Hon’ble Supreme Court in letter as well as in spirit.

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