The Supreme Court on Friday issued notice to the Centre on a petition challenging the amendment introduced to Section 62 (5) of the Representation of the People Act to treat persons in lawful custody in a criminal case as voters and allow them to contest elections.
A Bench of Justices H.L. Dattu and S.A. Bobde issued the notice on the petition filed by advocate Manohar Lal Sharma against a Delhi High Court order rejecting his plea.
Section 62 (5) of the Representation of the People Act says: “No person shall vote in any election if 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.”
