Delhi HC dismisses plea to restrain imprisoned legislators from voting

New Delhi: The Delhi High Court on Monday dismissed a petition seeking to restrain legislators imprisoned in criminal cases from casting their vote in today's Presidential election.

"Main aapki petition khaarij kar raha hoon. (I am dismissing your petition)," Justice Sanjeev Narula told the petitioner, Satvir Singh -- a 70-year-old carpenter.

The court said that it will release a detailed order on the petition later.

The petitioner said that he was seeking the deletion of names of all members of Parliament and Legislative Assemblies of States who have been disqualified in terms of the Representation of People Act for being imprisoned concerning criminal cases.

Claiming that the authorities are not following the law concerning disqualification, the petitioner said that it was necessary to delete such legislators from the electoral college of the Presidential Election.

Lawyer Sidhant Kumar, appearing for the Election Commission, said that all disputes about the election of the President can be adjudicated only by the Supreme Court.

If there has been a conviction against the legislator, he stands disqualified under the law and if he is in custody, he cannot exercise his right to vote, the lawyer further clarified.

Additional Solicitor General Chetan Sharma, appearing for the Centre, said that the petitioner's case was based on the Representation of People Act, while the Presidential elections are governed by the Presidential and Vice Presidential Election Act.