Mumbai court rejects pleas of Nawab Malik, Anil Deshmukh to vote in Rajya Sabha polls

Mangalore Today News Network

Mumbai, June 09, 2022: A Mumbai court has rejected the petitions filed by Maharashtra minister Nawab Malik and former state home minister Anil Deshmukh seeking permission to vote in the upcoming Rajya Sabha polls.

 

Anil Deshmukh was arrested last year in connection with the corruption case against him, whereas Nawab Malik was arrested earlier this year in connection with a money laundering case linked to fugitive gangster Dawood Ibrahim.

Both Nawab Malik and Anil Deshmukh had argued that they should be allowed to cast their votes as they were both Members of the Legislative Assembly (MLA) and of the electoral college. Malik had argued that even an accused in a case has a right to vote and the court should use its discretion to allow them to vote.

In his plea, Nawab Malik had claimed that he is duty bound to represent the residents of his Anushakti Nagar Constituency in electing a representative to the Rajya Sabha. Malik had emphasised that he had won the elections in 2019 with a support of about 65,000 votes, which constituted 47 per cent of the total votes casted.

The plea prayed that the court release him on personal bond with sureties or on such other terms and conditions as the court may deem fit or alternatively, permit Malik to go to Vidhan Bhavan under medical escort, the charges of which will be borne by him.

However, Additional Solicitor General (ASG) Anil Singh said that as per the Representation of the People Act, a person in prison cannot vote even if he is under trial. He further stated that, as per the Supreme Court, there is a curtailment in movement, hence the question of voting does not hold ground.

Additionally, the ASG said that according to Supreme Court judgements, the right to vote is not a fundamental right, but a statutory one. He argued that when an applicant is in prison because of his own conduct, they cannot ask for such privileges. “In prison, you have no right to vote. That is what the law states,” added Singh.

After hearing both sides’ arguments, on Thursday, June 9, the court rejected the pleas filed by the two leaders, seeking permission to vote in the June 10 Rajya Sabha polls.

Advocate Inderpal Singh appearing for Deshmukh immediately sought a certified copy of the order so that the Bombay High Court could be moved. Lawyers from both Malik and Deshmukh’s team immediately moved to the neighbouring Bombay High Court premises.

Courtesy: India Today