Give life ban to convicted MPs, MLAs from contesting polls: EC to Supreme Court

Agencies
November 1, 2017

New Delhi, Nov 1: In a significant development, the Election Commission on Wednesday pressed for a life ban on convicted MPs and MLAs from contesting polls.

According to news agency, the poll panel made this submission before the Supreme Court during a hearing.

The Election Commission said it favours barring convicted MLAs, MPs for life.

BJP leader Ashwani Upadhyay had filed a PIL seeking a lifetime ban on MPs, MLAs from contesting elections.

The central poll body has earlier faced flak from the Supreme Court for not taking a clear stand on the BJP leader's appeal seeking to bar convicted politicians for life during a hearing in July.

An apex court bench comprising Justices Ranjan Gogoi and Navin Sinha slammed poll panel and asked whether it was ‘constrained’ to give its thoughts on the issue.

“Is silence an option for you (ECI)? You must say either ‘yes’ or ‘no’ on whether you are supporting the petitioner. You are the ECI and here is a citizen of India who has come here to seek lifetime debarment of convicted persons. Can you say I will be silent? No, you cannot,” the bench had then said.

“If you (ECI) feel constrained by the legislature, then let us know. If you are even constrained to the extent of giving your view, feel free and say so clearly,” it said.

After ECI’s response, the apex court said that it was clear that the poll body has supported the cause advocated by petitioner, Ashwini Kumar Upadhyay, who had sought a life ban for convicted politicians.

What the current law says

Under the current law, a lawmaker can be debarred for six years from contesting elections once he is convicted for heinous or moral offences.

Various pleas have knocked the Supreme Court’s door arguing that the ban should be lifetime at par with the judiciary and executive where a person cannot hold office for life post-conviction.

The Election Commission’s latest submission in the apex court could have far-reaching consequences on top leaders like Rashtriya Janata Dal chief Lalu Prasad who has been convicted in the fodder scam.

Former Bihar CM Lalu Prasad was sentenced to five years in prison in October 2013 after being convicted in a 17-year-old case related to the embezzlement of Rs 37 crore meant for the purchase of cattle fodder for farmers in the state.

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News Network
April 4,2020

Kochi, Apr 4: France on Saturday evacuated 112

French citizens stranded in Kerala and Tamil Nadu in a special Air India flight, official sources said here.

The Embassy of France had made a request to the Kerala government to facilitate the journey of the French citizens stranded due to the lockdown announced by the central government to prevent the spread of novel coronavirus.

The French citizens, mostly tourists and those who came for Ayurvedic treatment, were brought here by the state tourism department 24 days ahead of their trip.

They underwent a medical examination before boarding the flight for Paris from Cochin International Airport at 08.13 am on Saturday, officials said.

The Air India flight was chartered by the French government for evacuating its citizens in various cities in India including Kochi, Bengaluru and Mumbai.

On Friday, Gulf nation Oman had evacuated its 46 citizens stranded in Kochi in an Oman Air flight.

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News Network
May 30,2020

New Delhi, May 30: An Air India flight from Delhi to Moscow on Saturday had to return midway after the airline's ground team found out that one of the pilots had tested positive for novel coronavirus, officials said.

"When the A320 plane, which did not have any passengers as it was heading to Moscow to bring back stranded Indians under Vande Bharat Mission, had reached Uzbekistan's airspace, our team on ground realised that one of the pilots had tested COVID-positive," senior Air India officials said.

"The flight was immediately asked to return. It came back to Delhi at around 12.30 pm on Saturday," the officials said. The crew has been quarantined. Another plane would be sent to Moscow to bring back the stranded Indians, according to the officials.

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News Network
March 3,2020

Chennai, Mar 3: The Madras High Court has ruled that if a working woman gives birth to a child in the second delivery after twins in the first, she is not entitled to maternity benefits as it should be treated as third child.

"As per existing rules, a woman can avail such benefits only for her first two deliveries. Even otherwise it is debatable as to whether the delivery is not a second delivery but a third one, in as much as ordinarily when twins are born they are delivered one after another, and their age and their inter-se elderly status is also determined by virtue of the gap of time between their arrivals, which amounts to two deliveries and not one simultaneous act," the court said.

The first bench, comprising Chief Justice A P Sahi and Justice Subramonium Prasad stated this while allowing the appeal from Ministry of Home Affairs.

It set aside the order June 18 2019 order of a single Judge, who extended 180 days of maternity leave and other benefits to a woman member of the Central Industrial Security Force (CISF) under the rules governing the Tamil Nadu government servants.

The issue pertains to an appeal moved by the ministry, which contended that the leave claim is by a member of CISF to whom the maternity rules of Tamil Nadu would not apply.

She would be covered by the maternity benefits as provided under the Central Civil Services (Leave) Rules, the ministry said.

When the appeal came up for hearing, the bench said it found that a second delivery, which, in the present case, resulted in a third child, cannot be interpreted so as to add to the mathematical precision that is defined in the rules.

The admissibility of benefits would be limited if the claimant has not more than two children, the bench said "This fact therefore changes the entire nature of the relief which is sought for by the woman petitioner, which aspect has been completely overlooked by the single judge", the bench said.

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