For petner advt Mahaveer shivaji / for police add pp Raj Thilak Madras High Court: Prisoners and Convicted Persons Barred from Voting The Madras High Court has clarified that, according to the Representation of the People Act, individuals arrested in criminal cases and those convicted and serving sentences in jail are not eligible to vote. Hari Nadar, who was arrested in a fraud case and is currently detained in Puzhal Prison under the Goondas
Madras High Court: Prisoners and Convicted Persons Barred from Voting
The Madras High Court has clarified that, according to the Representation of the People Act, individuals arrested in criminal cases and those convicted and serving sentences in jail are not eligible to vote.
Hari Nadar, who was arrested in a fraud case and is currently detained in Puzhal Prison under the Goondas Act, had filed a petition in the Madras High Court seeking permission to vote in the elections.
The petition was heard by a bench comprising Chief Justice S.A. Dharmadhikari and Justice G. Arul Murugan.
Election Commission’s Input: During the proceedings, the Election Commission informed the court that the Madurai Bench of the Madras High Court had previously ruled that only those under preventive detention could be permitted to vote.
The police department clarified that there are three criminal cases currently pending against Hari Nadar.
The Verdict:
After hearing all arguments, the judges noted that according to Section 62(5) of the Representation of the People Act, individuals in legal custody and those convicted of crimes and imprisoned cannot vote.
The judges highlighted that since the Supreme Court has already upheld this specific legal provision, permission to vote cannot be granted. Consequently, they dismissed Hari Nadar’s petition.
