SC Rules That Jailed Persons Can Contest Polls Tuesday Nov 19,2013

Taking note of the amendment made to the Representation of the People Act treating persons in lawful custody in a criminal case as a voter, the Supreme Court on Tuesday Nov 19,2013 gave a big relief to political parties by allowing them to contest elections

A Bench of Justices A.K. Patnaik and S. J. Mukhopadhaya dismissed the review petitions filed by the Union government and Ramesh Dalal against a July 10,2013 judgment upholding a 2004 Patna High Court ruling, which held that when a person in custody was disqualified to vote he was disqualified from contesting the elections also

Section 62 (5) of the RP Act says -
“No person shall vote at any election if he/she is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police: Provided that nothing in this sub- section shall apply to a person subjected to preventive detention under any law for the time being in force.” 

Subsequent to the July 10,2013 SC Judgment, Parliament amended the RP Act and introduced a proviso to Section 62 (5) in the RP (Amendment and Validation) Act, 2013, which says -
 “... by reasons of the prohibition to vote under this sub-section, a person whose name has been entered in the electoral roll shall not cease to be an elector.”