Supreme Court Issues Notice To ECI On BJP's Review Petition Against Order Imposing Fine For Not Publishing Criminal Antecedents Of Candidates

The Supreme Court on January 27 issued notice to the Election Commission of India in a review petition filed by Bharatiya Janata Party (BJP) General Secretary, BL Santhosh, against the order imposing a penalty on the party for not publishing criminal antecedents of candidates fielded for the 2020 Bihar assembly elections. 

A bench comprising Justices Dinesh Maheshwari and BR Gavai was hearing a review petition filed by BJP General Secretary BL Santosh against the order passed in August 2021 imposing a fine of Rupees 1 lakh on BJP for not following the directions to publish the criminal antecedents of candidates. 

The bench added the Election Commission of India (ECI) as an additional respondent in the review petition and issued notice to it. The bench also asked Senior Advocate K Vishwanathan, who was the amicus curiae in the main matter, to assist the Court in the review petition as well.

On November 30, 2022, the bench agreed to hear the review petition filed by BJP in the open court.

Apart from BJP, seven other parties were also punished for contempt. While Rupees Five Lakhs each have been imposed as fine on Communist Party of India( Marxist) and Nationalist Congress Party, Indian National Congress, Janta Dal, Rashtriya Janata Dal(United), Communist Party of India and Lok Janshakti Party were directed to pay fine of Rupees One Lakh each. The original order, passed by a bench comprising Justices RF Nariman (since retired) and BR Gavai, contained several directions such as publication of criminal antecedents within 48 hours of the selection of candidates, publication of such information in newspapers and official websites of the parties.

BL Santosh vs Brijesh Singh and others | R.P.(C) No. 1151/2021

Click here to read/download the order