Both the NCP leaders Nawab Malik and Anil Deshmukh are in prison in separate money laundering and corruption cases.
The Supreme Court Monday declined the plea of jailed NCP leaders and MLAs Nawab Malik and Anil Deshmukh seeking temporary release from prison to cast their votes in the Maharashtra Legislative Council election, which was held today.
A vacation bench of Justices C T Ravikumar and Sudhanshu Dhulia, however, issued notice to the Maharashtra government and others in the case and agreed to examine the issue relating to the interpretation of Section 62(5) of the Representation of the People Act 1951, which bars jailed persons from voting.
"In view of the larger question with respect to interpretation of Section 62(5) of Representation of the People Act 1951, we are of the view that matter has to be heard in detail. It's open for the parties to complete the pleadings within four weeks,” the bench said.
Senior advocate Meenakshi Arora, appearing for the jailed lawmakers, submitted that not permitting the two from voting in MLC elections will effectively impact the rights of all voters who had elected the two lawmakers.
The senior lawyer said rather than being a statutory right, the right to vote is also a constitutional right. "Right to vote is not a fundamental right but is certainly a constitutional right and the right originates from the Constitution," she said.
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Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, submitted that the embargo under Section 62(5) of the Representation of the People Act 1951 applies to MLAs too.
The Bombay High Court had on June 17 rejected the NCP leaders' plea seeking temporary release from prison for casting their ballots saying the constitutional right to vote is not absolute.
Malik, who is still a cabinet minister in the state, and former Maharashtra home minister Anil Deshmukh, both of whom are in prison after being arrested in separate money laundering and corruption cases, had sought the court's permission to be let out of custody "for a few hours," and "under escort protection" to vote.
The two leaders had moved the court earlier contending that as they are members of the Legislative Assembly and representatives of their respective constituencies, they ought to be given the opportunity to vote in the Council election.
Rajya Sabha Elections
Earlier, Malik and Deshmukh had moved the courts for temporary bail for voting in the June 10 Rajya Sabha election from Maharashtra but were denied relief.
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 "SC denies bail to Nawab Malik, Anil Deshmukh to vote in Maharashtra Legislative Council polls")
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