Jailed person can't contest for lawmaker's post: SC

New Delhi, July 11 (IANS) Gone are the days when a person convicted of a criminal offence and undergoing imprisonment could throw his hat in the election fray from behind the bars, as the Supreme Court has held that a person who is disqualified from voting is not qualified to contest election either to parliament or state assembly.

The apex court said Wednesday that when a person in lawful custody gets disqualified from being a voter, even though his name may still be on the voters list, he could also not contest an election to the Lok Sabha or state assembly from behind the bars.

A bench of Justice A.K. Patnaik and Justice S.J. Mukhopadhaya said this in their order while dismissing an appeal by the Chief Election Commissioner challenging the Patna High Court order by which it had held that though "the name (of a convict undergoing sentence) is not struck off, but the qualification to be an elector and the privilege to vote when in the lawful custody of the police is taken away".

The apex court said: "We do not find any infirmity in the findings of the high court that a person who has no right to vote by virtue of the provisions of sub-section (5) of Section 62 of the 1951 (Representation of the People) Act is not an elector and is therefore not qualified to contest the election to the house of the people or the legislative assembly of a state".

Referring to the Section 4 and Section 5 of R.P. Act, 1951 the court said that one of the qualification for the membership of Lok Sabha under Section 4 and state assembly under Section 5 is that a person must be an elector. For Lok Sabha, the elector must be in any parliamentary constituency and for assembly in any assembly constituency within the state.

The court said that Section 62 of the Act dealing with "Right to vote" provides in its sub-section (5) that "no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police".

However, this provision does not apply to a person under preventive detention.

Matches

MORE TOP STORIES TODAY

Jadeja spins out Rajasthan in close chase

Jadeja spins out Rajasthan in close chase

IPL 7, GAME 10—Chennai beat Rajasthan by 7 runs after last-over scare. More »

Cleaning up the game starts with fans

Cleaning up the game starts with fans

... because, as recent events reveal, the BCCI has little intention of doing it. More »

Hope to be fit for next game - Kevin Pietersen

Hope to be fit for next game - Kevin Pietersen

With two heavy defeats at the hands of Bangalore and Chennai, Daredevils currently languish near the bottom of the table. More »

Chandimal axed as T20 captain, Malinga takes over

Chandimal axed as T20 captain, Malinga takes over

Sri Lanka's cricket selectors on Wednesday sacked Dinesh Chandimal as Twenty20 captain and replaced him with Lasith Malinga, while Angelo Mathews was… More »

'A blow to BCCI, could hurt autonomous status'

'A blow to BCCI, could hurt autonomous status'

The Supreme Court prefers that the Justice Mudgal panel further investigate the IPL corruption scandal. More »

Have the ECB played an unfair game?

Have the ECB played an unfair game?

Money talks, but it is in light of this ICC shakeup that the ECB's act of soliciting of another team's coach deteriorates from free-market aggression to… More »

Perfect Punjab trounce Hyderabad

Perfect Punjab trounce Hyderabad

IPL7, GAME 9—Maxwell (95, 43b), Balaji (4-13) set up 72-run win. More »

Mudgal panel drops bombshell in court

Mudgal panel drops bombshell in court

The Mukul Mudgal probe committee dropped a bombshell in the Supreme Court on Tuesday by making a sensational claim that it was forced to stop audio recording… More »

Farbrace quits for England post

Farbrace quits for England post

He will assist Peter Moores who was unveiled as the new England coach on Saturday. More »

Moin appointed to manage Pakistan team

Moin appointed to manage Pakistan team

Pakistan on Monday reappointed Moin Khan as chief selector and manager of the national team, a week after fellow former captain Rashid Latif turned down… More »

Chennai smash Delhi for first win

Chennai smash Delhi for first win

IPL7, MATCH 8—Raina-led middle order, superlative catching give CSK a 93-run win. More »

SC asks Mudgal committee to continue

SC asks Mudgal committee to continue

Mukul Mudgal has communicated to the court his willingness to take up the investigation and has been asked to specify the terms and modalities on April… More »

'BCCI reputation lowest in 80 years'

'BCCI reputation lowest in 80 years'

The former BCCI president says he was "disillusioned" by the happenings at the emergent working committee meeting on Sunday. More »

Injured Bravo to miss rest of IPL

Injured Bravo to miss rest of IPL

Dwayne Bravo is set to be sidelined for at least four weeks due to a shoulder problem. Bravo sustained the injury when attempting a catch on the boundary… More »

NZC contemplates domestic revamp

NZC contemplates domestic revamp

New Zealand Cricket has put forward a proposal to reinvent its domestic structure and allow up to 49% private investment into the six major associatio… More »

Punjab pull off another big chase

Punjab pull off another big chase

GAME 7, SHARJAH—Maxwell, Miller, Pujara chase down Rajasthan's 192. More »

T20 test for Cheteshwar Pujara

T20 test for Cheteshwar Pujara

The class act from Saurashtra may have to rethink his approach to the mannerless format. More »

Special meeting to replace Srinivasan

Special meeting to replace Srinivasan

The BCCI is likely to convene a special general body meeting (SGM) in May to replace N Srinivasan on the board's disciplinary committee. More »

Roach escapes injury after car crash

Roach escapes injury after car crash

The West Indies fast bowler lost control of his BMW sedan due to slippery road conditions in his native Barbados on Saturday. More »

Shastri in proposed IPL probe panel

Shastri in proposed IPL probe panel

Some members stressed on the need for proposing names with an "impeccable record and clean image". More »

Day of Supreme reckoning

Day of Supreme reckoning

Apex court to decide on BCCI’s proposed new committee today. More »

Panel can help clean mess: Raghavan

Panel can help clean mess: Raghavan

The former CBI Director is one of the three candidates proposed by the BCCI to head the enquiry into the IPL betting and spot-fixing scandal. More »

Repose faith in Indian coaches

Repose faith in Indian coaches

All of them cost plenty of dollars which I feel is unnecessary for a two- month tournament, says former cricketer Yajurvindra Singh. More »

Cook relieved after period in limbo

Cook relieved after period in limbo

The England captain is looking forward to a fresh start after a dispiriting Ashes defeat last year. More »