PIL against jailed MPs and MLAs dismissed

New Delhi, July 30 (UNI) The Supreme Court today dismissed a PIL seeking directions not to permit those who are in jail to contest elections as per section 62(5) of the Representation of the People Act in order to prevent the entry of criminals into political arena.

A bench comprising Chief Justice K G Balakrishnan and Justice R V Raveendran held that Representation of the People Act has no provision to disqualify a jail inmate from contesting elections.

The counsel for the petitioner Z K Faizan earlier contended before the court that constitutional validity of section 62(5) of the Act has been upheld by this court in number of judgements and the section clearly takes away the right of the person in jail or in police custody of casting vote in elections.

The petitionar also contended that if a person stood debarred from casting vote how can he or she be allowed to contest election from behind bars.

It was also argued that only this honourable court can take a lead in checking the criminalisation of politics in the country.

The court had earlier declined the prayer of the petitioner to issue a direction to the Election Commission not to allow jailed MPs and MLAs to cast their vote in Presidential and Vice Presidential elections.

UNI