The Bench of Justices Sanjay Kishan Kaul and Abhay S. Oka dismissed a PIL observing it to be misconceived as the petitioner did not submit any representation before the Election Commission of India for deregistering the political parties which fails to publish the details of the criminal antecedents of the candidates.

Justice Kaul observed that it is the requirement of law under Article 32 of the Constitution of India to submit a representation before the concerned authorities before invoking the writ jurisdiction of the Apex Court.

In the PIL filed by Advocate activist Ashwini Kumar Upadhyay, the Supreme Court observed that "We find the petition misconceived as what is being sought is implementation of the judgment of this Court in respect of disclosure of criminal cases and the petitioner has not filed any pleadings before the Election Commission whereby the Election Commission would have expressed its helplessness in the matter. That being the position, it is for the petitioner to approach the Election Commission with this grievance."

It was added by justice Oka during the course of arguments that "Please tell us, when you seeking a writ of mandamus, can you directly seek mandamus without approaching the authority? It's the law established before generations."

Justice Kaul Strongly remarked that "It's like it's some kind of walk-in place. Everyone files petitions under 32".

Case Details:-

Writ Petition(s)(Civil) No(s). 31/2022
ASHWINI KUMAR UPADHYAY Petitioner(s)
 VERSUS
UNION OF INDIA & ANR. Respondent(s)

Read the complete order on the following link:-

https://main.sci.gov.in/supremecourt/2022/1834/1834_2022_3_5_38735_Order_10-Oct-2022.pdf