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Can we prevent persons who have cases against them from filing nomination? Supreme Court asks

In the instant case, Upadhyay moved the Supreme Court seeking directions to the Election Commission of India to de-register political parties that do not disclose the criminal antecedents of candidates they field for elections.

Upadhyay, a BJP leader, cited the specific example of the Samajwadi Party (SP) fielding Nahid Hasan from the Kairana constituency as a candidate for the upcoming assembly elections in Uttar Pradesh.

It was alleged that Hasan is a notorious gangster, despite which the SP published neither his criminal records nor the reason for his selection as a candidate, which is mandatory as per a February 2020 judgment of the Supreme Court.

“Nahid Hasan is in custody under the Gangster Act imposed on him around 11 months ago and he is the first candidate to file nomination in the first phase of Uttar Pradesh Assembly Elections. On 13.2.2021, Shamli Police imposed the Gangster Act on Nahid Hasan, the two-time MLA from Kairana. He has multiple criminal cases and is the mastermind behind the Hindu exodus from Kairana. There are many criminal cases including fraud and extortion and was declared a fugitive by Special MLA-MP Court,” the plea stated.

Source: Barandbench

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