The Supreme Court on Friday sought the Centre’s response on allowing jailed persons to contest elections. Giving four weeks to the Centre, the apex court issued notice on a petition filed by a Supreme Court lawyer, who challenged the amended provision under the Representation of Peoples Act introduced last year.
The Bench headed by Justice Hl Dattu took note of the provision by which the Centre removed the disqualification on jailed persons to be electors, and hence eligible to vote. Under the old RP Act, Section 62 (5) said, “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.”
On July 10, 2013, the apex court had ruled that a person in custody will be disqualified to contest elections. Following this, the Centre introduced RP (Amendment and Validation) Act 2013 which introduced a proviso to Section 62(5). It said, “... 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”. Following the amendment, the Centre even withdrew its review petition from apex court challenging the July 10 verdict.