Ghamasan in court for voting of Nawab Malik and Anil Deshmukh, ‘Nikal’ tomorrow afternoon, what happened in court?
Mumbai: NCP leaders Anil Deshmukh and Nawab Malik, who are in jail, are being heard in the Mumbai High Court for voting in the Assembly elections. Meanwhile, there was a sharp rift between Deshmukh-Malik’s lawyer and ED’s lawyer. Malik Deshmukh’s lawyers told the court that there was a limited request to send police to the polling booths only on polling day. Under Section 62 (5) of the Representation of the People Act, no prisoner has the right to vote in any election. Then there is no question of the court granting privileges, argued Additional Attorney General Anil Singh on behalf of the ED. Meanwhile, the Mumbai High Court has upheld the decision. Justice Nizamuddin Jamadar has clarified that the verdict will be given tomorrow at 2.30 pm.
The petition / application of Minister Nawab Malik and former Home Minister Anil Deshmukh is being heard in the Mumbai High Court. Despite pleading with the court at the last minute, Malik-Deshmukh could not cast his vote in the Rajya Sabha elections. His big blow hit the Mahavikas front. Now the lead is trying to ensure that the Legislative Council elections do not get pushed again. Against this backdrop, a hearing is underway in the Mumbai High Court to allow Malik-Deshmukh to vote for the Legislative Council elections. Amit Desai has requested the High Court to give him a chance to vote in the June 20 Assembly elections. Senior advocate Amit Desai, on behalf of Anil Deshmukh, argued that “there is only a limited request to send police to the security arrangements for polling on polling day only”.
“Even though the Supreme Court has made it clear that voting is not a fundamental right, voting as a representative of the people is a constitutional right and duty. In such a case, the court may grant temporary bail only for a few hours at its discretion. That is our request, “said Amit Desai on behalf of Malik. “In the past, in the case of many people’s representatives, the court has granted temporary bail in its prerogatives for reasons such as proceedings in the Legislative Assembly or Parliament, a vote of confidence, etc. So the only question is whether the court will allow the applicant in its privilege. As long as the allegations against the accused are not substantiated, he will be acquitted. All that is required is for the court to release him on temporary bail only for a few hours by ordering in his prerogative, ”argued senior advocate Vikram Chaudhary on behalf of Anil Deshmukh.
“Under Section 62 (5) of the Representation of the People Act, no prisoner has the right to vote in any election. Then there is no question of the court granting privileges. Therefore, the request of the applicant is wrong. It would be understandable if the petitioners challenged the validity of that clause in court and argued that we are the voice of the people, voting and representing the people is our duty and right. However, if there is no permission in the law, they cannot seek permission from the court, ”argued Additional Attorney General Anil Singh on behalf of the ED. The law applies to the Presidential and Vice-Presidential elections and the law does not bar the incumbent MPs from voting. It is also a different matter to contest and vote as the incarcerated people are in custody. No. Anil Singh’s argument on behalf of ED
