The Supreme Court on June 20 refused to release Members of the Legislative Assembly from Maharashtra - Nawab Malik and Anil Deskhmukh - for casting their vote in the state's legislative council elections.
The voting for MLC for Maharashtra was scheduled for June 20 and on being denied relief from the Bombay High Court, the two leaders approached the Supreme Court seeking urgent relief.
The vacation bench of the Supreme Court, while agreeing to examine the larger issue raised by the two MLAs, refused to grant them interim relief for today's election.
The bench of Justices CT Ravikumar and Sudhanshu Dhulia said that the larger question posed deals with the interpretation of the provision of the Representation of the People Act (RP Act) that bars prisoners from casting their vote needs to be examined.
Section 62(5) of the RP Act which imposes the bar on prisoners from voting, had faced a legal challenge and its constitutional validity was upheld by the top court in 1997.
This provision became the basis for the Bombay High Court to disallow Malik and Deshmukh's temporary release for casting their votes. The high court said the bar imposed on prisoners extended to undertrial prisoners also.
Malik, who is the minority affairs minister, and Deshmukh who is the former home minister of the state of Maharashtra face charges under the Prevention of Money Laundering Act (PMLA).
The high court's decision was challenged before the Supreme Court by the MLAs on the ground that the constitutional right of a whole people from two constituencies was being curtailed. By barring the two MLAs to cast their vote, the right to representation of the people from their constituencies was being deprived, the counsel said.
The Supreme Court; however, referred to the reading and interpretation of Section 62(5) of the RP Act and noted that the MLAs do not qualify for the exception under the provision. Moreover, when charges are under PMLA, the twin condition for grant of bail would also have to be considered, it was observed.
The court; however, observed that the provision which places this bar on prisoners from casting their vote may need to be reconsidered.
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