Mumbai: As Maharashtra gears up for the upcoming Rajya Sabha (RS) polls to be held on June 10th, it is still unclear whether former Maharashtra home minister, Anil Deshmukh, will be allowed to exercise his right to vote or not.
He is facing prosecution by the Enforcement Directorate (ED) in a money laundering case.
Deshmukh’s lawyer, Inderpal Singh, said that they would be applying to the court for him to go and cast his vote. The courts will open on June 6 following the holidays. Meanwhile, Nawab Malik, who is also in ED custody in a money laundering case, has not instructed his legal team yet for the same.
The Nationalist Congress Party (NCP) has put up veteran leader Praful Patel as its candidate while its alliance partners have set their candidates along with the opposition party BJP. For the three seats up for grabs in Maharashtra, there are chances of a close contest.
In the Rajya Sabha election, only elected members of the State Legislative Assemblies can vote, while the Election Commission of India (ECI) in its various FAQs on the Rajya Sabha election specifically answered a query on whether a person can vote at any election if he/she is confined in a prison, whether under a sentence of imprisonment or as under trial or is in the lawful custody of the police?
“The provisions of Section 62(5) of the Representation of the People Act, 1951 provides that no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police”, the website mentions.
Against these rules, in 2017, NCP leaders Chaggan Bhujbal as well as Ramesh Kadam approached the Mumbai court requesting permission to vote in the presidential election. Bhujbal was facing prosecution in a money laundering case, while Kadam was also accused of siphoning off government money from the state-run Annabhau Sathe Development Corporation.
Bhujbal was granted permission by the lower court, while Kadam had to take permission from the Bombay High Court to cast his vote. The duo was allowed to vote. After voting, both the accused were taken back to the prison.
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