mumbai: Saying that the constitutional right to vote is not absolute, the Bombay High Court on Friday rejected petitions filed by NCP leaders Nawab Malik and Anil Deshmukh seeking temporary release from prison for casting ballot in the June 20 Maharashtra Legislative Council election.
Malik, who is still a cabinet minister in the state, and former Maharashtra home minister Anil Deshmukh, both of whom are in prison after being arrested in separate money laundering and corruption cases, had sought the court's permission to be let out of custody "for a few hours," and "under escort protection" to vote. Justice N J Jamadar rejected their pleas, saying that while their lawyers argued that their clients must be permitted to vote to uphold democratic principles, the concept of democracy "transcended electoral democracy."
The embargo in law, imposed via section 62 (5) of the Representation of the People Act, was based on reason, the court said, adding that it has been imposed to ensure "purity of electoral process and probity of the participants therein."
The two leaders moved the court earlier this week contending that as they are members of the Legislative Assembly and representatives of their respective constituencies, they ought to be given the opportunity to vote in the Council election.
Their counsels Amit Desai and Vikram Chaudhri argued that while section 62 (5) fettered their clients' right to vote, the HC had "unfettered powers to use its discretion" and grant relief.
The Enforcement Directorate's counsel Additional Solicitor General Anil Singh opposed the pleas, saying that the law has imposed a bar on prison inmates from casting vote, and therefore the High Court must not intervene and render the legal provision ineffectual. The High Court agreed with Singh's submissions.