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Jailed politicians can contest elections: Supreme Court


New Delhi, Nov 19: In a u-turn, the Supreme Court on Tuesday said that the "politicians in police custody or jail can contest elections".

According to reports, the apex court approved an amendment in the Representation of People Act, which allows political leaders in police custody to contest elections.

The SC's decision comes as a big respite for the tainted and convicted lawmakers on whom the it had tightened the noose by passing an order of " not to contest in polls, if convicted".

the apex court approved an amendment in the Representation of People Act.

Now, such politicians will be able be to contest polls till the time they are held guilty and convicted by a court.

The apex court had on July 10 ruled that an MP, an MLA or an MLC would stand disqualified immediately if convicted by a court for crimes with punishment of two years or more.

The apex court ruled that only an "elector" can contest the polls and he/she ceases the right to cast vote due to confinement in prison or being in custody of police.

The government had moved the apex court for a review which was rejected.

The Union Cabinet had approved an ordinance to protect convicted MPs and MLAs from facing immediate disqualification, which in effect negates an order of the Supreme Court.

In September, Parliament had passed a Bill that maintains the right of those in jail to contest polls, with the government saying the court verdict was wrong and the Legislature has constitutional duty to correct it.

OneIndia News

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