Lok Sabha Elections 2024: Can Delhi CM Arvind Kejriwal cast vote on May 25? Here's what the law says

The Aam Aadmi Party (AAP) has enactment each 3 leaders connected the star campaigners database for the ongoing Lok Sabha Elections 2024. Can Arvind Kejriwal and his erstwhile ministers ballot successful the ongoing elections? Let’s explore: 

Delhi, wherever Chief Minister Arvind Kejriwal and his erstwhile ministers are presently successful jail, is scheduled to ballot successful the sixth signifier of Lok Sabha Elections connected May 25, 2024. However, if they stay incarcerated connected that day, they cannot workout their voting rights. This is owed to the lack of a proviso for voting by prisoners successful India, careless of their condemnation status. 

Also Read: Jailed Amritpal Singh's apt predetermination bid: Can a idiosyncratic down bars contention polls successful India? What does the instrumentality say?

It volition besides beryllium connected what the Supreme Court says connected April 29. The apical tribunal volition perceive connected April 29 the petitions filed by erstwhile Jharkhand Chief Minister Hemant Soren and Delhi Chief Minister Arvind Kejriwal against their arrests by the Enforcement Directorate (ED). These petitions are listed earlier the seat of Justices Sanjiv Khanna and Dipankar Datta. 

In 2019 Lok Sabha Elections, Kejriwal formed his ballot astatine a polling booth successful civilian lines country of Delhi.

The voting rights

Article 326 of the Constitution of India provides that voting close successful elections to the Parliament oregon the assembly is based connected big suffrage. 

"That is to say, each idiosyncratic who is simply a national of India and who is not little that eighteen years of property connected specified day arsenic whitethorn beryllium fixed successful the behalf by oregon nether immoderate instrumentality made by the due Legislature and is not different disqualified nether the Constitution oregon immoderate instrumentality made by the due Legislature connected the crushed of non-residence, unsoundness of mind, transgression oregon corrupt oregon amerciable practice, shall beryllium entitled to beryllium registered arsenic a elector astatine immoderate specified election," reads Article 326.

The Representation of the People Act, 1951 mentions who cannot vote. According to Section 62(5) of this law, nary idiosyncratic is eligible to ballot if he/she is confined successful a situation oregon is successful the lawful custody of the police.

Also Read: 'I didn't formed vote': Rajeev Chandrasekhar skips canvass for Thiruvananthapuram campaign, LDF dubs it ‘insult to democracy’

“No idiosyncratic shall ballot astatine immoderate predetermination if helium is confined successful a prison, whether nether a condemnation of imprisonment oregon proscription oregon otherwise, oregon is successful the lawful custody of the police," reads the section. 

There are implicit 5 lakh undertrials, including Arvind Kejriwal, who cannot workout their franchise. The law, however, doesn’t prohibit prisoners successful preventive detention from voting.

Supreme Court intervention

The constitutionality of Section 62(5) of Representation of the People Act, 1951 has been challenged successful the courts. In 2019, for example, the Delhi High Court reaffirmed that prisoners bash not person a close to ballot in the Praveen Kumar Chaudhary vs Election Commission of India case.

On May 4, 2024, the Supreme Court refused to entertain a PIL challenging Section 62(5) of the Representation of the People Act, 1951 and seeking for close to ballot for prisoners. The tribunal said that the Supreme Court had already upheld Section 62(5) twice.

"The law validity of the proviso nether Section 62(5) of the Representation of People Act, 1951 has been upheld by a 2 justice seat of this Court and aboriginal by a 3 justice seat of this Court. In presumption of these decisions we are not inclined to entertain the petition", said the seat led by Chief Justice of India DY Chandrachud.

Undertrials tin contention elections.

While those down the bars cannot vote, they can, however, contention elections arsenic per the law. There is nary proviso successful the instrumentality that bars undertrials from contesting elections unless convicted. Even for convicted politicians, the disqualification is not much than 6 years station the expiry of the jailhouse term.

As per the existing laws, if a idiosyncratic is convicted and sentenced to a jailhouse word not little than 2 years, he/she stands disqualified automatically from contesting elections for six years from the day of release. 

This regularisation is mentioned successful Section 8 of the Representation of the People Act-1951, which deals with disqualification of politicians from assembly and Parliament, aft being convicted.

Also Read: ‘Murders person happened’: AAP fears Arvind Kejriwal’s beingness is successful information aft incidental of scuffle successful Tihar

“A idiosyncratic convicted of immoderate offence and sentenced to imprisonment for not little than 2 years different than immoderate offence referred to successful sub-section (1) oregon sub-section (2) shall beryllium disqualified from the day of specified condemnation and shall proceed to beryllium disqualified for a further play of six years since his release," reads the Section 8(3) successful the Representation of the People Act, 1951.

There person been examples of radical contesting, and winning elections from down the bars. Recently, jailed pro-Khalistan leader Amritpal Singh, who is presently lodged successful a jailhouse successful Assam, has expressed willingness to contention the Lok Sabha polls from Punjab's Khadoor Sahib spot arsenic an autarkic candidate. 

Singh, main of the 'Waris Punjab De' outfit, was arrested successful April past twelvemonth aft being booked nether the National Security Act (NSA).

There is simply a agelong database of jailed politicians winning elections successful India. In the post-Emergency 1977 elections, socialist person George Fernandes contested elections from Muzaffarpur successful Bihar portion helium was inactive down bars. Fernandes defeated the Congress campaigner by astir 3 lakh votes.

In 1996, don-turned-politician Mukhtar Ansari, who died past month, contested the Mau Assembly spot successful Uttar Pradesh connected a BSP summons portion helium was successful prison. Ansari won.

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Published: 28 Apr 2024, 09:51 AM IST