The Hindu : Front Page : Apex court will not bar jailed MPs, MLAs from voting

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Thursday, Jul 19, 2007
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Apex court will not bar jailed MPs, MLAs from voting

Legal Correspondent

Curbs will mean their constituencies going unrepresented

These lawmakers stand on a different footing; they are members of the electoral college
Public interest litigation petition not dismissed; it will be heard in due course

New Delhi: The Supreme Court on Wednesday refused to restrain MPs/MLAs convicted and serving their sentence in jail from voting in Thursday’s Presidential elections.

A Bench, consisting of Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and Dalveer Bhandari, said the public interest litigation petition filed by advocate Z.K. Faizan seeking a direction to debar them from casting their votes in the Presidential and Vice-Presidential elections would come up for hearing in due course.

When counsel wanted a direction to the Election Commission to prevent such MPs/MLAs from voting, the Bench said, “Ordinary convicts serving their sentence in jails lose their civil rights on conviction. But they [the convicted MPs/MLAs] stand on a different footing. They are members of the electoral college representing their constituencies. If they are not allowed to vote, the entire constituency will remain unrepresented. We are not dismissing your petition. We will hear you.”

Shahabuddin to vote in Patna

The Bench permitted Mohd. Shahabuddin, MP, serving his sentence in the Siwan District jail in Bihar, to vote in the Presidential elections in Patna.

Acting on his petition, it directed the jail superintendent to provide him police escort to travel to Patna, and said the Election Commission should allow him to vote.

After casting his vote, the petitioner should be escorted back to the prison.

Earlier, counsel Abhishek Singhvi, appearing for Shahabuddin, brought to the notice of the court that the High Court could not take up the petition seeking permission.

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