Legislators behind bars can vote: SC
SC says MPs and MLAs languishing in jails cannot be deprived of voting in presidential and vice-presidential polls.
By Sanjay K Singh, TNN |
NEW DELHI: The Supreme Court on Wednesday said that MPs and MLAs languishing in jails cannot be deprived of voting in the presidential and vice-presidential polls as the constituencies which they represent will go unrepresented.
This came even as the court allowed incarcerated RJD MP Mohd Shahabuddin to cast his vote in the election to the post of the executive head of the state scheduled on Thursday.
A bench comprising Chief Justice K G Balakrishnan, Justice R V Raveendran and Justice Dalveer Bhandari said: “They (jailed MPs and MLAs) are voting as people’s representatives. We cannot deny them their vote.”
The court turned down the plea seeking to debar jailed politicians from voting in the presidential and vice-presidential elections.
The court said that such elected representatives are part of the electoral college which elects the President and vice-president.
“If they (jailed MPs and MLAs) were barred from casting votes, their entire constituencies would go unrepresented,” said the CJI speaking on behalf of the bench.
Turning down the plea of a PIL moved by advocate Z K Faizan, the court clarified that a distinction has be made between the people’s representatives and an ordinary citizen of the country in such a matter. These members (jailed MPs and MLAs) are public representatives and they vote in that capacity and not as individuals,” the court said.
This came even as the court allowed incarcerated RJD MP Mohd Shahabuddin to cast his vote in the election to the post of the executive head of the state scheduled on Thursday.
A bench comprising Chief Justice K G Balakrishnan, Justice R V Raveendran and Justice Dalveer Bhandari said: “They (jailed MPs and MLAs) are voting as people’s representatives. We cannot deny them their vote.”
The court turned down the plea seeking to debar jailed politicians from voting in the presidential and vice-presidential elections.
The court said that such elected representatives are part of the electoral college which elects the President and vice-president.
“If they (jailed MPs and MLAs) were barred from casting votes, their entire constituencies would go unrepresented,” said the CJI speaking on behalf of the bench.
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Turning down the plea of a PIL moved by advocate Z K Faizan, the court clarified that a distinction has be made between the people’s representatives and an ordinary citizen of the country in such a matter. These members (jailed MPs and MLAs) are public representatives and they vote in that capacity and not as individuals,” the court said.
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