The Election Commission of India has filed an affidavit in Supreme Court endorsing setting up special courts to try criminal cases against legislators and judges..The affidavit was filed by ECI in a Public Interest Litigation petition filed by advocate Ashwini Kumar Upadhyay. Upadhyay in his petition had sought the following reliefs:.“(a) issue a direction or order or writ including writ in the nature of mandamus or an appropriate writ, order or direction as may be necessary, directing the Respondent-1 to provide adequate infrastructure to setup Special Courts to decide criminal cases related to People Representatives Public Servants and Members of Judiciary within one year and to debar the convicted persons from Legislature, Executive and Judiciary for life uniformly in spirit of Article 14 read with Article 15 and 16 of the Constitution;.(b) issue a direction or order or writ including writ in the nature of mandamus or such other writ, order or direction as may be necessary; directing the Respondents to implement the “Important Electoral Reforms” proposed by Election Commission, Law Commission and National Commission to Review the Working of the Constitution to ensure free and fair election in spirit of the Article 324;”.Responding to the notice by the Court in the petition, the ECI has stated the following:.“It is submitted that accompanying PIL to the extent of relief claimed under prayer (a) and (b) is not adversarial and the answering Respondent No.1 Election Commission of India supports the cause espoused by the petitioner.”
The Election Commission of India has filed an affidavit in Supreme Court endorsing setting up special courts to try criminal cases against legislators and judges..The affidavit was filed by ECI in a Public Interest Litigation petition filed by advocate Ashwini Kumar Upadhyay. Upadhyay in his petition had sought the following reliefs:.“(a) issue a direction or order or writ including writ in the nature of mandamus or an appropriate writ, order or direction as may be necessary, directing the Respondent-1 to provide adequate infrastructure to setup Special Courts to decide criminal cases related to People Representatives Public Servants and Members of Judiciary within one year and to debar the convicted persons from Legislature, Executive and Judiciary for life uniformly in spirit of Article 14 read with Article 15 and 16 of the Constitution;.(b) issue a direction or order or writ including writ in the nature of mandamus or such other writ, order or direction as may be necessary; directing the Respondents to implement the “Important Electoral Reforms” proposed by Election Commission, Law Commission and National Commission to Review the Working of the Constitution to ensure free and fair election in spirit of the Article 324;”.Responding to the notice by the Court in the petition, the ECI has stated the following:.“It is submitted that accompanying PIL to the extent of relief claimed under prayer (a) and (b) is not adversarial and the answering Respondent No.1 Election Commission of India supports the cause espoused by the petitioner.”