HC turns down plea of Nawab Malik to vote in Rajya Sabha elections
The Hindu
The Bombay High Court was heariing an urgent petition moved by the NCP leader, who is currently in jail.
The Bombay High Court on Friday, June 10, 2022 refused to release Nationalist Congress Party leader Nawab Malik, who is in jail in connection with different money laundering cases being probed by the Enforcement Directorate, with an escort to cast his vote for Rajya Sabha elections today.
A single bench of justice P.D. Naik was hearing an urgent petition filed by Mr. Malik to be permitted to vote and come back to jail.
The court asked how is this petition maintainable under Article 227 of the Indian Constitution (power of superintendence over all courts by the high court).
Senior advocate Amit Desai appearing for Mr Malik said, the question that arises before the court was the question of 62 (5) that states
'No person shall vote at any election if he is confined in a prison' of representation of People (RP) Act. There was no question of 439 (special powers of high court or court of session regarding bail) of the Code of Criminal Procedure.
The court asked, but there is no other provision to release a person on surety without bail.
Additional Solicitor General Anil Singh representing probe agency, Enforcement Directorate (ED) questioned the maintainability of the plea.
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