Supreme Court rules a person in jail or in
police custody is not entitled to contest election for legislative bodies
The Supreme Court has ruled that a person in jail or in
police custody is not entitled to contest election for legislative bodies. This
brings an end to the era of under trial politicians fighting polls from behind
bars.
In another path breaking verdict to prevent criminal
elements from entering Parliament and state assemblies, the apex court ruled
that only an elector can contest the polls and the elector ceases the right to
cast vote due to confinement in prison or being in custody of police.
The court, however, made it clear that disqualification will
not be applicable to person subjected to preventive detention under any law.
Referring to the Representation of Peoples' Act, a bench of
justices A K Patnaik and S J Mukhopadhayay said that the Act (Section 4 &
5) lays down the qualifications for membership of the House of the People and
Legislative Assembly and one of the qualifications laid down is that he must be
an elector.
The court passed the order on an appeal filed by the Chief
Election Commissioner and others challenging a Patna High Court order barring
people in police custody to contest polls.
Earlier in a landmark judgement yesterday, the same bench
had struck down a provision in the the Representation of Peoples Act that
protects a convicted lawmaker from disqualification on the ground of pendency
of appeal in higher courts. The bench had also made it clear that MPs, MLAs and
MLCs will stand disqualified on the date of conviction.
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