The Supreme Court had last Monday refused to grant interim relief to Malik and Deshmukh, seeking temporary release from jail for a day to cast their votes in the Maharashtra Member of Legislative Council (MLC) elections.
However, a Bench of Justices CT Ravikumar and Sudhanshu Dhulia said that the petition raises an important question in relation to the right of a Member of Legislative Assembly (MLA) to vote of Legislative Council elections on behalf of his constituency.
Section 62(5) of the Representation of People Act bars prisoners from voting.
The Court had, therefore, issued notice but refused to pass any interim order in that case.
“The arguments reveal that on interpretation of Section 62(5) there is conflict of views. Thus we will have detailed hearing on it. But no interim relief to be granted,” the Court had said in its order.
Source: Barandbench
