Both the NCP leaders have sought one day’s bail to cast their votes in the Rajya Sabha elections to be held on June 10.
Both the NCP leaders have sought one day’s bail to cast their votes in the Rajya Sabha elections to be held on June 10.
A special court on Wednesday reserved its order on petitions filed by Nationalist Congress Party leaders and Maharashtra cabinet minister. Nawab Malik and former Maharashtra Home Minister Anil Deshmukh I am seeking one day bail from jail to cast my vote. Rajya Sabha elections on 10 June.
Nawab Malik and Anil Deshmukh have been Arrested by Enforcement Directorate (ED) on money laundering charges and both are lodged in Arthur Road Jail.
Senior advocate Amit Desai, appearing for Mr Malik, argued that it is his duty to vote as a sitting member of the Legislative Assembly and that preventive detention cannot be a deterrent to prevent a person from exercising his constitutional right to vote. which is illegal. He said, if any guilty comes to court then disqualification arises from voting, Mr. Malik is an undertrial person.
Senior advocate Aabad Ponda, representing Mr Deshmukh, argued, a person who has a criminal background is allowed to stand in an election which is at a higher level, but he is not allowed to cast his vote.
ED’s counsel Additional Solicitor General Anil Singh said that the right to vote is not a fundamental right but a statutory right. He pointed out that Section 62(5) of the Representation of the People Act states, ‘No person shall vote at any election if he is imprisoned, whether under a sentence of imprisonment or transportation or otherwise, or is lawful by the police. of custody. Even if that person is under trial, this section applies to them and they cannot vote.
Special Judge RN Rokade heard the arguments for about five hours and then reserved the verdict.
Mr Malik was arrested on February 24 this year and Mr Deshmukh on November 2, 2021.