Delhi High Court Dismisses Plea To Stop Jailed Legislators From Voting In Presidential Election 2022

The Delhi High Court on Monday dismissed a petition seeking deletion of names of the Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) who are languishing in jail due to some pending cases or those decided against them so that they do not participate in the voting process for the Presidential Election 2022, scheduled for today.

While dismissing the plea, Justice Sanjeev Narula said that he will be passing an appropriate order later. 

The plea was filed by one Satvir Singh, a 70 years old self employed carpenter, who had furnished a Nomination Form for conducting elections for the post of President. The same was however rejected by the Election Commission of India.

The plea stated that the ECI as well as the Union of India were not taking any effective steps to remove or disqualify such persons (Members of Parliament and Members of Legislative Assemblies) from the Electoral College to elect various dignitaries i.e. President of India, Vice President of India etc.

"There is a dereliction of duty on the part of statutory authorities/respondents in not acting in accordance with laid down Representation of People Act, 1950, Section 270 and Representation of People Act, 1951, Section 7, Section S and SA which is a mandatory duty cast upon the said statutory authorities," the plea stated.

It added "It is also laid down in Article 324 to 329 of the Constitution of India "under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate legislature on the ground of non- residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at arty such election."

Case Title: SATVIR SINGH v. UNION OF INDIA & ANR

Citation: 2022 LiveLaw (Del) 668