In Maharashtra MLC Polls, SC dismisses Nawab Malik & Anil Deshmukh’s pleas to cast votes

The Supreme Court on Monday dismissed petitions of Maharashtra Nationalist Congress Party leaders and MLAs Anil Deshmukh and Nawab Malik seeking temporary release from prison to cast their votes in the Maharashtra Legislative Council polls, which are underway.

Senior advocate Meenakshi Arora, appearing for the jailed lawmakers, appealed to the vacation bench of Justices C T Ravikumar and Sudhanshu Dhulia to allow Malik and Deshmukh to vote, stating that are elected representatives. 

She said that people have sent them to the legislative assembly and if they are deprived of their right to vote that rights of all those who voted for them will be taken away. "Right to vote is not a fundamental right but it is indeed a constitutional right," said Arora.

"You can't vote while in jail or in police custody," Justice Ravi Kumar observed.

Bombay HC rejects Malik and Deshmukh's plea to vote

On June 17, the Bombay High Court rejected the NCP leaders' plea seeking temporary release from jail for casting their ballots saying the constitutional right to vote is not absolute.

Malik, who is still a cabinet minister in the state, and former Maharashtra home minister Anil Deshmukh, both of whom are in prison in separate money laundering and corruption cases, had sought the court's permission to be let out of custody "for a few hours," and "under escort protection" to vote.

MLC polls

A total of 11 candidates are in the fray for the 10 Council seats up for grabs, with the MVA allies - Shiv Sena, NCP and Congress - fielding two candidates each. The BJP has nominated five candidates. 

The effective strength of the 288-member Maharashtra House is reduced to 285 following the death of Shiv Sena MLA Ramesh Latke, while two NCP MLAs -Nawab Malik and Anil Deshmukh - are currently in prison. The quota for first preference votes per candidate to win the MLC polls is 26.