Temporary release of NCP leaders to cast votes in MLC polls declined

New Delhi: The Supreme Court Monday declined the plea of jailed Nationalist Congress Party leaders and MLAs Nawab Malik and Anil Deshmukh seeking temporary release from prison to cast their votes in the Maharashtra Legislative

Council election.

A vacation bench of Justices C T Ravikumar and Sudhanshu Dhulia, however, issued notice to the Maharashtra government and others in the case and agreed to examine the issue relating to the interpretation of Section 62(5) of the Representation of the People Act 1951, which bars jailed persons from voting.

"In view of the larger question with respect to interpretation of Section 62(5) of Representation of the People Act 1951, we are of the view that matter has to be heard in detail. It's open for the parties to complete the pleadings within four weeks.

"On the question of interim relief taking note of the fact that the constitutional validity of Section 62(5) was upheld by the Supreme Court in the Anukul Chandra Pradhan Vs Union of India case and S Radhakrishnan Vs Union of India, we are not inclined to grant interim relief," the bench said.

At the outset, senior advocate Meenakshi Arora, appearing for the jailed lawmakers, submitted that not permitting the two from voting in MLC elections will effectively impact the rights of all voters who had elected the two lawmakers.

"People have sent me to the Legislative Assembly. I represent their choice and decision-making in the Legislative Assembly. If I am deprived of my right to vote, the right of all those persons who voted for me has also been taken away," she said.