RAMBABU SINGH THAKUR versus SUNIL ARORA & ORS.

RAMBABU SINGH THAKUR versus SUNIL ARORA & ORS.

The Court directed that political parties at Central and State election level must (a) upload on their website detailed information regarding individuals with pending criminal cases selected as candidates including nature of offences and case particulars and reasons for selection and why others without criminal antecedents were not selected; (b) ensure reasons relate to qualifications, achievements and merit and not mere winnability; (c) publish these details in one national and one local vernacular newspaper and on official social media platforms; (d) publish within 48 hours of selection or not less than two weeks before the first date for filing nominations, whichever is earlier; (e)...

Parties
Petitioner: RAMBABU SINGH THAKUR; Respondents: SUNIL ARORA & ORS.
Jurisdiction
India
Judgment Date
13 February 2020
Procedural Posture
Contempt Petition (c) No. 2192 of 2018 in Writ Petition (c) No. 536 of 2011 / Disposed
Outcome
Contempt Petitions disposed of.
Legal Topics
Criminalisation of Politics, Disclosure by Political Parties of Candidates' Criminal Antecedents, Contempt for Non Compliance of Court Directions
Election Laws Constitutional Law Criminalisation of Politics Disclosure by Political Parties of Candidates' Criminal Antecedents Contempt for Non Compliance of Court Directions

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Parties

RAMBABU SINGH THAKUR

Petitioner

SUNIL ARORA & ORS.

Respondents

Procedural Posture

Contempt Petition (c) No. 2192 of 2018 in Writ Petition (c) No. 536 of 2011 / Disposed

Legal Issues

  1. 1 Whether political parties complied with the directions in Public Interest Foundation and Ors. v. Union of India (2019) 3 SCC 224 regarding disclosure of criminal antecedents of candidates
  2. 2 Whether the Court should, under Articles 129 and 142 of the Constitution, issue further mandatory directions to political parties to ensure transparency in selection of candidates with pending criminal cases
  3. 3 What form and timing of publication and reporting of such disclosures are required

Ratio Decidendi

The Court directed that political parties at Central and State election level must (a) upload on their website detailed information regarding individuals with pending criminal cases selected as candidates including nature of offences and case particulars and reasons for selection and why others without criminal antecedents were not selected; (b) ensure reasons relate to qualifications, achievements and merit and not mere winnability; (c) publish these details in one national and one local vernacular newspaper and on official social media platforms; (d) publish within 48 hours of selection or not less than two weeks before the first date for filing nominations, whichever is earlier; (e)...

Court Disposition

Contempt Petitions disposed of.

Orders

  • It is mandatory for political parties at the Central and State election level to upload on their website detailed information regarding individuals with pending criminal cases selected as candidates, including the nature of the offences and relevant particulars (such as whether charges have been framed, the...
  • The reasons for selection must refer to the qualifications, achievements and merit of the candidate concerned, and not mere 'winnability' at the polls.