The central government has opposed the petition in the Supreme Court banning convicted leaders from contesting for life. The central government has opposed the plea in the Supreme Court, calling for a ban on the life-long election of leaders (including sitting MPs and MLAs) convicted in the criminal case.
The Law Ministry has said in its reply that there is no difference between public servants and politicians but there is no such rule in the service rules of public representatives. The ministry has given its reply on a revised application by BJP leader Ashwini Kumar Upadhyay.
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It was said in the application that the same rule should be applied to the guilty politicians as the public servant. It was said in the application that the way the service of the public servant is terminated after being convicted in a criminal case, the same rule should also apply to the public representatives.
The affidavit states that this point has been considered by the Supreme Court in the case of Public Interest Foundation vs. Government of India. In that case, the grounds for disqualifying public representatives were decided.
Under the current rule, punishment for two years or more in criminal cases is prohibited from contesting elections for six years after completion of the sentence period.