A petition has been filed in Supreme Court challenging the vires of Section 62(5) of the Representation of People
Act, 1951 (RP Act),as it prohibits a person confined in a prison from casting her vote.
The Public Interest Litigation (PIL) petition has been filed by one Aditya Prasanna Bhattacharya, a student from the
National Law School of India University, Bangalore.
Section 62(5) of RP Act reads:
“No person shall vote at any election is he is confined in a prison, whether under a sentence of imprisonment or
transportation or otherwise, or is in the lawful custody of the police:
Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for
the time being in force.”
The word “confinement” in the section is the yardstick thereby creating several anomalies.
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