Paridhi Arya
Published on June 20, 2022 at 16:28 IST
The two MLAs of Maharashtra Anil Deshmukh and Nawab Malik are under prison under two different cases under Prevention of Money Laundering case.
The two MLAs moved to the Supreme Court for temporary release from the prison for casting the vote in Maharashtra Legislative Council election being MLA it is their right and duty.
Anil Deshmukh is former State Home Minister and Nawab Malik is the Minority Development Minister of Maharshtra.
They earlier appeared before Bombay High Court but their petition was rejected their under Section 62(5) of Representation of People Act, 1955.
The Petitioners have filed Special Leave Petition against the order of Bombay High Court. The Petition was presented before Vacation Bench of Justices CT Ravikumar and Sudhanshu Dhulia.
The Advocate Meenakshi Arora representing Petitioners submitted that they have a right to vote and requested to list the matter today.
Justice CT Ravikumar pointed out that there is a notification stating that such matter first be presented before CJI and then decision of urgent hearing be discussed.
The Bench on insistence of Advocate said that they will find out that if matter can be posted at 12 pm today.
The Bombay High Court observed that under Section 62(5) of Representation of People Act, 1955 there is bar on prisoner to vote and same applies to under trials. The Democracy will not be strengthening if prisoner will be allowed to vote.
Justice NJ Jamadar of Bombay High Court observed the object of the provision is to stop criminalization of politics. The electoral process should be unblemished and the participating persons should have integrity.