The Enforcement Directorate (ED) through Additional Solicitor General Anil Singh opposed the pleas citing Section 62(5) of the Representation of People Act which the agency claimed expressly barred person confined in prison from casting vote.
“What cannot be allowed directly, cannot be allowed indirectly,” the ASG argued.
Justice Jamadar asked if restricting legislators from participating in elections would amount to depriving the constituents of exercising their rights indirectly.
“Election to MLC is an indirect method of election. Will this not deprive the constituents of his constituency from taking part in the MLC election? What he did was in his personal capacity. But because of his personal conduct people in his constituency are being deprived?”
To this, ASG responded that the conduct of the person was required to be considered.
“The question is not whether they are the voice of people so it might effect the people who have elected him. The question is of the person’s conduct which led him to prison…” the ASG said.
Source: Barandbench
