HC dismisses voting petition by jailed MLA

Jaipur: Close on the heels of two MLAs of the National Unionist Zamindara Party (NUZP) pledging support to the BJP the other day, the Congress on the eve of the Rajya Sabha elections received another jolt as the Rajasthan High Court on Friday dismissed a petition by jailed BSP MLA Banwarilal Kushwaha accused of murder seeking to vote in the Rajaya Sabha elections under police security.
The single bench of Justice Prakash Gupta dismissed the petition on the ground: "A person who is confined in prison, whether under a sentence of imprisonment or transportation or otherwise, or is in lawful custody of the police cannot be allowed to vote at an election to the Council of States."
However, the order said this restriction is not applicable to a detenue under any law relating to preventive detention.
Furthermore, the order said right to cast vote at an election is a statutory right not a fundamental right as observed by the Supreme Court in Anukul Chandra Pradhan's case.
The court said: "The right of a member to participate in the proceedings of the legislative assembly is a matter relating to proceeding of the House and it is not regulated by the law relating to the elections."
Therefore, the judgement of the Apex Court in the case of Nalin Soren relied upon by the petitioner's counsel Rajiv Surana is not helpful to interpret the provisions of the Representation of People Act 1951.
The court further said it is of the considered view that "Chief Election Commission of India and Secretary Rajasthan State Assembly are necessary parties in the present petition and they are not made party by the petitioner. On this count also, the present petition deserves to be dismissed." The Opposition has forced an election to the Rajya Sabha by propping up an independent candidate in industrialist Kamal Moraka as it is short of MLAs to win a seat on its own.