The top court has said that it will examine the legal provision under Section-62 (5) of the Representation of People Act that a person in jail does not have the right to vote. The Supreme Court said that the constitutional validity of this provision has been upheld by the Supreme Court earlier in the Sukul Chandra Pradhan case.
No relief for voting
In this case, the Supreme Court did not give relief to both the leaders in the MLC elections being held on Monday. Maharashtra MLAs Nawab Malik and Anil Deshmukh had filed an application in the Supreme Court asking that they be temporarily released from jail for voting in the MLC elections. There was a demand for an early hearing in the matter in the Supreme Court.
After Bombay High Court had approached the Supreme Court
The petitioners had earlier moved the Bombay High Court in this matter, but on June 17, due to non-receipt of relief from the High Court, the doors of the Supreme Court were approached by both. Separate cases have been registered against both of them by the ED and both are lodged in jail in Maharashtra. Malik is the Minister for Minority Affairs while Deshmukh is the former Home Minister of the state.
In the application filed by both, it was said that there is an MLC election in the state and they should be released for voting in it. A special leave petition was filed against the High Court’s decision on both sides, demanding their voting rights. The Supreme Court did not give relief on Monday.
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