A parliamentary committee on electoral reforms has sought public opinion on whether it is proper to disqualify a candidate from contesting polls at the stage of framing of charges or after conviction.

Throwing open the forum to parties, intelligentsia and legal luminaries, the parliamentary standing committee on law and justice has invited their opinion on Election Commission's proposal to enact a law, which purports to nip in the bud political aspirations of criminals.

The existing provisions bar a candidate from contesting elections only after the conviction in cases having punishment above two years in keeping with the legal wisdom 'innocent till proved guilty.'

The EC has proposed that a candidate should be disqualified the moment courts decides that there is enough weight in the prosecution case not to discharge him, but to frame charges upon him.

At the same time, offences attracting disqualification should have punishment more than five years, instead of existing two years.

"The idea is stop criminal elements from the process of taking a stay on the conviction and escape disqualification," said committee chairman E M Sudarsana Natchiappan, who invited media persons to give a platform of discussion to the issue.

"But by making framing of charges in the court a point on disqualification, we are also make a very big departure from relying more on the prosecution than the decision of the judge," Natchiappan said.

The committee chairman said that while considering disqualification, the EC will also consider how many times the person has been convicted earlier.

"In cases like that of Telgi, the public image of candidate will also be taken into consideration so that allowing such person to contest does not outrage public conscience," he said, adding: "But then should the EC be swayed by the notoriety alone of the candidate and disqualify him? There may be case that the whole course of prosecution turns around and person is found completely innocent in the end, and we find that he just became victim of legal machinery."

The EC has based its proposal on Law Commission's report 'Reforms of the Electoral Laws,' which seek addition of new Section 8B in the Representation of People Act.

This stipulates disqualification on framing on charges for the following offenses: Section 153A (promoting enmity between community, disrupting communal harmony), election-related offences under sections 171E (bribery), 171F (undue influence or impersonation), 171G (false statement in connection with an election), 171H (illegal payments), 171I (failure to keep election accounts; Section 376 (rape), Section 505 (statements made in public or religious places resulting in enmity in classes), Section 10 and 12 of Unlawful Activities (Prevention) Act; Narcotic Drugs and Psychotropic Substances Act and any other offence punishable with life imprisonment or death.