Parties divided on disqualification law

By Our Special Correspondent

NEW DELHI, SEPT. 13. An all-party meeting on electoral reforms was today divided in its opinion on applying the law on disqualification to check entry of corrupt and criminal elements into the poll arena.

While some parties felt that avenues of appeals after conviction should be allowed to be exhausted, others were of the view that an aspirant's candidature should be disqualified upon conviction itself.

However, all parties agreed on removing dichotomy in the provisions of Section 8 (1), (2) and (3) of the Representation of the People Act. They were in favour of making it mandatory for an elected representative to declare the assets possessed by him, his spouse and dependent family members.

The meeting opposed the Law Commission's recommendation of disqualification of an aspirant from the date of framing of charges. According to the existing provisions, a person could be disqualified from contesting election if he was convicted for an offence in which he got a prison term of more than two years.

Corporate funding

Briefing presspersons after the four-hour-long meeting, the Union Law, Justice and Company Affairs Minister, Mr. Arun Jaitley, said both the BJP and the Congress favoured corporate funding of elections with tax incentives thrown in. Today's meeting was attended by 27 Central and State level recognised political parties.

Under the present provisions of Section 293 of the Companies Act, a company making a profit can make donations for political purposes, subject to a ceiling of five per cent of its profit. The political parties felt that tax incentives for political donations would significantly reduce the pumping of unaccounted money.

``All the issues discussed in the meeting, including state funding of elections, will be placed before the Group of Ministers (GoM) for deliberations,'' Mr. Jaitley said. The GoM to discuss the Indrajit Gupta committee report on electoral reforms was set up last month. Mr. Jaitley said all parties expressed the view that donations by cheque should be encouraged but wanted provision in the law to make it permissible for tax deduction.

On proxy-voting by personnel of armed forces, divergent views were expressed by the parties. The proposal was supported by the BJP, the Akali Dal and the Samata Party, while others were against it.

On state-funding of elections, regional parties were of the opinion that the Centre should provide the funds as the States were not in a position to do so.

Referring to the Delhi High Court judgment, pending in appeal before the Supreme Court, the meeting felt that it was not the subject matter for the courts to decide as to who was eligible for contesting elections.

T.N. Minister's plea

PTI reports:

The AIADMK supremo, Ms. J Jayalalithaa's current troubles with election law came up for review but the Centre is unlikely to come to her rescue on the issue.

A vociferous demand was made by the Tamil Nadu Education Minister, Mr. M. Thambi Durai, for changes in the Representation of People Act to make it clear that provisions relating to disqualification of candidates in elections should make it clear that such a bar should apply to those convicted for offences like murder and rape.

The present election law disqualifies candidates on the basis of quantum of punishment and not the nature of crime, he said.

Mr. Thambi Durai also wanted that disqualification should be based on the final verdict of the courts and it should not apply in case of a person who has gone on appeal. Maintaining that Ms. Jayalalithaa had been ``victimised on account of political vendetta'', he said the existing provisions were more likely to be misused.

The DMK representative and Union Environment Minister, Mr. T.R. Baalu, however, favoured continuance of the existing provisions of disqualifying a convicted person.

Send this article to Friends by E-Mail

Section  : National
Previous : U.S. urged to protect Sikhs
Next     : Swamy flays PM's remarks on terrorism