E-Paper
Rajya Sabha polls: Court rejects Deshmukh, Malik’s pleas to vote
The Enforcement Directorate (ED) opposed their pleas saying prisoners do not have voting rights, citing the Representation of the People Act, 1950
Mumbai: A special court on Thursday rejected the pleas of jailed Nationalist Congress Party (NCP) leaders Anil Deshmukh and Nawab Malik for permission to vote in the Rajya Sabha polls on Friday. The two are in judicial custody in money laundering cases.
The Enforcement Directorate (ED) opposed their pleas saying prisoners do not have voting rights, citing the Representation of the People Act, 1950. The agency referred to the Act’s Section 62(5), which says no person “shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police.”
Deshmukh’s lawyer argued the restriction to vote is applicable to those sentenced and custody was not confinement as per the law. He maintained the confinement starts after the conviction and not before that and therefore the restriction was not applicable to Deshmukh.
Malik’s counsel argued a person with criminal antecedents can stand for election even while in jail. He argued an undertrial lodged in jail cannot also be denied the right to vote. He added Malik is currently in hospital and not in prison and the court can grant him the permission to vote.
Additional solicitor general Anil Singh cited the Act and said it says people confined to prisons cannot vote and therefore it was immaterial whether they are undertrials. “We have to interpret the section as it is, in plain and simple language.”
The state’s ruling Maharashtra Vikas Aghadi (MVA) coalition has fielded four candidates Sanjay Raut and Sanjay Pawar (Shiv Sena), Praful Patel (NCP) and Imran Pratapgarhi (Congress) for the Rajya Sabha polls. Without Deshmukh and Malik’s votes, the MVA is believed to be short of 18 votes even as its combined tally is 150. The Bharatiya Janata Party is likely to be short of 20 votes even as its strength is 106.
