The Supreme Court on Tuesday said it would examine the question whether a politician can be denied the constitutional right to head a political party or association on the basis of conviction and being disqualified to vote.
A bench of Justices Surya Kant and Joymalya Bagchi termed the issue raised in 2017 PIL as an "interesting question".
According to the top court, the question -- should a constitutional court direct that irrespective of your right under Article 19, you will not be entitled to form an association of political ideology only because you are not entitled to cast vote -- was to be considered.
The bench posted the PIL filed by Ashwini Kumar Upadhyay raising the issue for November 19.
"Merely because a person has been disqualified for a statutory right, you can't ipso facto deprive him of his constitutional right," Justice Kant said.
Upadhyay, appearing in person, said a person disqualified from casting vote cannot distribute party tickets to the candidates.
"This issue needs to be examined as it is a grey area. Several commissions including the law commission has emphasised on the need for not allowing the convicted to head a political party," he said.
The bench called the issue "worth consideration" and noted it had "something in mind" but required a detailed hearing.
Upadhyay said a person who cannot vote or contest can create a political party, even from jail, and political parties govern the entire country.
"Suppose tomorrow Parliament enacts a law that no person will hold public office beyond the age of 80 years, can you also deprive him from leading a political party?" Justice Kant asked.
Upadhyay has sought banning convicted persons from forming political parties and becoming their office bearers for the period they are disqualified. PTI MNL MNL AMK AMK
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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