Delhi HC dismisses plea seeking direction to restrain convicted, undertrial MPs, MLAs from voting in presidential election
Jul 18, 2022
New Delhi [India], July 18 : The Delhi High Court on Monday dismissed a petition seeking direction to restrain convicted and undertrial MPs and MLAs from voting in the Presidential election.
Justice Sanjeev Narula dismissed the petition moved by Satvir Singh after hearing the submissions of the petitioner, the Election Commission and the Centre.
Justice Narula said, "I am dismissing your petition." The petitioner Satvir Singh replied in Hindi that he is satisfied that the court heard him.
The petitioner himself argued his case in Hindi. He argued that there are many convicted and undertrial MPs and MLAs who are voting in the Presidential election and their votes have not been deleted.
On the other hand, advocate Siddhant Kumar, counsel for EC argued that the petition is not maintainable and the petitioner has no locus to file this petition.
He also argued that if any MP or MLA is convicted with more than two years of jail, he is disqualified and cannot be elected and he is automatically barred from voting as well. Besides, if any MP or MLA is in custody, he is also not entitled to vote. He referred to the recent Supreme court judgement in Nawab Malik's case.
On the other hand, Additional Solicitor General Chetan Sharma said this petition is filed under People's Representation Act but the presidential election is not governed by that Act. The Presidential election is governed by the President's Election Act. If any petition arises out of that Act that would be heard in the Supreme Court and not before this court.
The ASG also submitted that this petition has become infructuous as the presidential voting is going on and will be over within half an hour.
