Persons in Jail or Police Custody Can Contest Elections

In 2013,33 the Supreme Court upheld an order of the Patna High Court declaring that a person who has no right to vote by reason of being in jail or in police custody, is not an elector and is, therefore, not qualified to contest the elections to the Parliament or the State Legislature. In order to negate this order of the Supreme Court, the following two new provisions34 have been included in the Representation of the People Act, 1951:‌

(i) The first provision expressly provides that by reason of the prohibition to vote (either due to in jail or in police custody), a person whose name has been entered in the electoral roll shall not cease to be an elector.

(ii) The second provision expressly provides that a Member of Parliament or the State Legislature shall be disqualified only if he is so disqualified under the provisions contained in the Act and on no other ground.

Consequently, the persons in jail or in police custody are allowed to contest the elections.