New Delhi: Fifteen per cent of the sitting Karnataka MLAs are facing serious criminal charges, poll watchdog Association for Democratic Reforms (ADR) said less than a month before the southern state goes to elections. In its latest report, the ADR analysed the affidavits of 219 sitting MLAs in Karnataka, and found that 32 of them faced charges in court for different offences.
At 22, the ruling BJP has the highest number of MLAs, followed by Congress with 5, JD(S) with 4, and 1 independent, who have declared criminal cases where the charges have been framed, the ADR said. The average number of years that criminal cases against the 32 MLAs have been pending is five.
Six MLAs have a total of nine criminal cases pending against them for ten years or more. The MLAs against whom the cases are pending for ten years or more are G Somasekhara Reddy (BJP), B Sreeramulu (BJP), Ranganath HD (Congress), Yashvanthrayagouda Patil (Congress), KY Nanjegowda (Congress), and DC Thammanna (JDS).
Under the Representation of People Act, any legislator convicted for over two years is liable to be disqualified for a period of six years after the end of the sentence.
The ADR has, however, recommended that lawmakers convicted for heinous offences should be permanently disqualified. "It is inexcusable and repugnant to have Lawmakers convicted of heinous crimes making policies for us and this nation. There should be a permanent disqualification of candidates convicted for heinous crimes like murder, rape, smuggling, dacoity, kidnapping, robbery, etc," it said.
It further stated that the problem of criminalisation can be tackled if candidates with criminal backgrounds are outrightly banned from entering the electoral process based on both stage and degree of crime. "This can be achieved by disqualifying candidates from contesting elections to the public offices against whom ‘charges have been framed by court’ for having committed serious criminal offences punishable by imprisonment of at least 5 years, and the case is filed at least 6 months prior to the election in question."
In its observation, the ADR said the Supreme Court in 2021 had penalised 10 political parties that had contested the Bihar Assembly Elections in 2020 for not complying with the top court's orders that had directed political parties to publish and list out reasons on their website including their social media platforms for nominating candidates with a criminal background within 72 hours of the selection of such candidates.
The SC order dated August 10, 2021, clearly indicated that neither the legislature and nor the political parties will ever take any concrete steps in the direction to eliminate the ‘muscle-power’ from the political system. The top court in its order had observed: "This Court, time and again, has appealed to the law-makers of the country to rise to the occasion and take steps for bringing out necessary amendments so that the involvement of persons with criminal antecedents in polity is prohibited. All these appeals have fallen on the deaf ears. The political parties refuse to wake up from deep slumber..."
The ADR further observed: "Mere warnings or levying miniscule penalty will certainly not help in eradicating criminal elements from elections. It is a known fact that reforms cannot be left to the wisdom of our leaders and political parties. Therefore, it is the need of the hour that the Supreme Court steps in the area left purposely vacant by our lawmakers and comes up with directions by debarring the entry of such elements from our electoral and political process."