The Bombay High Court will on Friday pronounce its order on two petitions filed by Maharashtra minister Nawab Malik and former state home minister Anil Deshmukh, both jailed NCP MLAs, seeking permission to cast their vote in the June 20 MLC elections. Justice NJ Jamadar heard extensive arguments from all sides on Thursday and reserved the verdict for Friday. During the day’s hearing, senior advocate Amit Desai, appearing for Malik, submitted that the minister’s case was a simple request to go to an escort to cast his vote while in court’s custody. Desai said that although Section 62(5) of the Representation of the People Act barred people in jail from voting, such restrictions were due to “physical difficulties” such as making arrangements for security and for prison inmates. Creating necessary infrastructure. To vote.
“He (Malik) is currently in a hospital and is not confined inside the jail. He too has not been convicted yet, so he has not been disqualified from the voting process,” Desai said. He also argued that the court has the discretion to grant the requisite permission in the present case.
“Could there be a case that an undertrial, who is presumed to be innocent, against whom the case has not been opened even in court, is denied the right to vote in a democracy? Or, that he is denied the right to vote in a democracy? been thrown out?” Desai said. Senior advocate Vikram Choudhary, appearing for Deshmukh, submitted that although Section 62(5) of the Representation of the People Act imposed restrictions and “entitled a prisoner to cast his vote,” it was up to the court to exercise it. There were “absolutist powers.” Conscience.
Additional Solicitor General Anil Singh, appearing for the Enforcement Directorate, argued that the court exercising discretion in the present case would prove contrary to the restriction imposed by law. “Therefore, I would request this court to refrain from exercising its discretion,” Singh said. “The law says that if someone is in jail, one cannot vote. So, if someone is released to vote, even with an escort, what is the purpose of 62(5)? Besides, they are asking for facilities like escorts,” said Singh. Justice Jamadar, however, said that at present it is not a matter of regular elections. “These are MLC elections. They (Malik and Deshmukh) are in jail for allegedly doing something in their personal capacity. “Election to the Legislative Council is indirect. Wouldn’t it deprive the voters of that constituency if the elected member is sent to jail for action in his personal capacity?” They said.
Singh, however, said politicians should challenge the legal provisions and approach Parliament if they have any objections. Deshmukh was arrested by the Enforcement Directorate in November last year in a money laundering case. The ED had arrested Malik on February 23 this year in connection with a separate money laundering probe into the activities of fugitive gangster Dawood Ibrahim and his associates. Both the NCP leaders are currently in judicial custody.
Biennial elections to the 10 vacant seats of the Upper House of the state legislature will be held next Monday. The members of the State Legislative Assembly constitute the electoral college for these elections. Eleven candidates are in the fray. The opposition BJP has fielded five candidates, while all the constituents of the ruling MVA Shiv Sena, NCP and Congress have given tickets to two candidates each.
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