The Supreme Court has ruled that a person in jail or in Police custody is not entitled to contest election for legislative bodies. This brings an end to the era of undertrial politicians fighting polls from behind bars.
In another path breaking verdict to prevent criminal elements from entering Parliament and State Assemblies, the apex court ruled that only an elector can contest the polls and the elector ceases the right to cast vote due to confinement in prison or being in custody of Police. The court, however, made it clear that disqualification will not be applicable to person subjected to preventive detention under any law.
Referring to the Representation of Peoples' Act, a bench of Justices A K Patnaik and S J Mukhopadhayay said that the Act (Section 4 & 5) lays down the qualifications for membership of the House of the People and Legislative Assembly and one of the qualifications laid down is that he must be an elector.
The court passed the order on an appeal filed by the Chief Election Commissioner and others challenging a Patna High Court order barring people in Police custody to contest polls.
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