38.6c New Delhi, India, Thursday, May 30, 2024

PIL Challenging Law Allowing Persons In Jails To Contest Polls Filed In The Punjab & Haryana HC

By LawStreet News Network      16 January, 2020 02:01 PM      0 Comments
PIL Challenging Law Allowing Persons In Jails To Contest Polls Filed In The Punjab & Haryana HC

The Punjab & Haryana High Court on January 13, 2020 heard the petition which challenges the provision Section 62 (5) of the Representation of the People Act, 1950, which allows the persons staying in imprisonment to contest elections. To this effect the HC has issued notice to the centre to seek its reply. The petition has been filed by Ganesh Khemka, who is at present a judicial clerk at the Supreme Court.

The above said Section while barring a lawfully imprisoned person (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) from voting, allows the same person to contest election i.e. he doesn’t cease to be an elector. 

Section 3 of the said Act, lays down the qualification for a person to be a public representative. It creates a distinction between an elector (a person qualified to be a public representative) and a voter. 

The petitioner based their argument on the Constitution and argued that the Constitution does not make any distinction between an elector and a voter. As the candidates form a sub-set of the voters, elector is first required to be eligible to vote.

Following is the except from the PIL:

“The eligibility threshold for voting was much lower than the threshold for contesting elections, and allowing the latter over the former, defies reason. This classification between ‘electors eligible to vote’ and ‘electors not eligible to vote, but eligible to contest’ is absenting any rationale, except to allow a loophole for convicts to contest elections.” 

Author: Parth Thummar.

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
AAP Minister Atishi summoned by Delhi Court in BJP defamation case, to appear on Jun 29

A Delhi Court has summoned Aam Aadmi Party (AAP) Minister Atishi in a defamation case by Bharatiya Janata Party (BJP) spokesperson Praveen Shankar Kapoor.

29 May, 2024 12:44 PM
Trending Judiciary
Sikkim High Court Announces Menstrual Leave for Female Employees [Read Order]

Sikkim High Court grants 2-3 days of menstrual leave monthly to female employees, requiring Medical Officer approval, without deducting from regular leave accounts.

29 May, 2024 01:15 PM


Trending Events & Opportunity
LIVE Coverage: In-Depth Exploration of Bhartiya Sakshya Adhiniyam (BSA) at DHCBA Lecture Series [Watch Live]

LIVE Coverage: DHCBA Lecture Series explores the Bhartiya Sakshya Adhiniyam (BSA), 2023 with Justice Bhambhani & Senior Advocate Jayant Mehta. Tune in at 5pm on LawStreet Journal!

24 May, 2024 11:30 AM
Trending Judiciary
BJP Moves Supreme Court Against Calcutta High Court's Ban on "Derogatory" Ads Targeting TMC

BJP moves Supreme Court against Calcutta High Court order banning "derogatory" ads targeting TMC during Lok Sabha elections, seeks urgent hearing.

24 May, 2024 12:12 PM
Trending Judiciary
Demand Notice via courier valid in cheque bounce cases: Allahabad High Court [Read Order]

Allahabad HC rules demand notices via courier valid for cheque bounce cases under Section 138 NI Act, but service presumption needs registered post amendment.

24 May, 2024 01:44 PM
Trending Judiciary
'Can't interrupt in between polls,' SC declines to consider plea for uploading voters turnout data

SC declines plea to upload voter turnout data during ongoing polls, citing the need to avoid interruptions and uphold electoral integrity, pending further examination.

24 May, 2024 02:06 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email