Prisoners cannot be permitted to vote in elections: Madras high court

CHENNAI: Prisoners, other than those who are under preventive detention, cannot be permitted to vote in elections, Madras high court said on Wednesday, adding, “There is a bar in the Representation of People (RP) Act to permit prisoners to vote.”

The first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan made the observation while dismissing a plea moved by A Hari Nadar, who faces about 24 criminal cases and is currently lodged in the Puzhal Central Prison in connection with a cheating case.

As per Section 62(5) of the RP Act, only prisoners who are under preventive detention can be permitted to cast their vote. Other prisoners, either convicted or undertrial prisoners, are prohibited from voting in elections, the bench said. Since the petitioner is in prison in connection with other criminal cases, he cannot be permitted to vote, the court added.



According to the petitioner, he was arrested by the Central Crime Branch (CCB) police and remanded to judicial custody on Jan 8. “I was made a scapegoat, and a false case was registered against me by the police with political motive and influence,” he said.

He was also detained under the Goondas Act through an order dated Jan 22. While he has challenged the preventive detention through a habeas corpus plea, he has moved the present petition seeking direction to the prison authorities and the ECI to either permit him to vote through postal ballot or in person.


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