R. JAYASIMHA BABU, J

1. Petitioner challenges the Circular issued by the Election Commission of India, dated 28th August, 1997, the caption of which reads as under:

“Criminalisation of Politics — participation of criminals in the electoral process as candidates - disqualification on conviction for offences - effect of appeal - regarding”

That Circular, after referring to the content of Section 8 of Representation of the People Act, 1951 and the judgments of three High Courts regarding the interpretation of some of the sub-sections of the said Section 8, in exercise of the powers of the Election Commission of superintendence, direction and control of preparation of Electoral rolls and conduct of election to Parliament and State Legislatures, directs that all the Returning Officers, at the time of scrutiny of the nominations, must take note of the legal position set out in that Circular and decide accordingly about the validity or otherwise of the candidature of the contestant disqualified under Section 8 of Representation of the People Act. The direction given is as under:

“Now, therefore, the Election Commission has, after taking due note and paying due regard to the above j