Representation of the People Act, 1951 — Section 62(5) — Restriction on right to contest election

August 23rd, 2013

Representation of the People Act, 1951 — Section 62(5) — Restriction on right to contest election — Person having no right to vote, Whether qualified to contest election? — By impugned common order, High Court accepted the contention in the writ petitions that a person, who is confined in prison is not qualified to contest elections to the House of People or the Legislative Assembly of a State — Aggrieved, by the findings of the High Court, appellants prferred appeals — Held, no infirmity in the findings of the High Court in the impugned common order that a person who has no right to vote by virtue of the provisions of sub-section (5) of Section 62 of the 1951 Act is not an elector and is therefore not qualified to contest the election to the House of the People or the Legislative Assembly of a State — Appeals dismissed.

(Para 6 & 7)

Chief Election Commissioner v. Jan Chaukidar (Peoples Watch)[Bench Strength 2], Civil Appeal Nos. 3040-3041/2004(10/07/2013), 2013(8) SCALE 487 [A.K. Patnaik, J.: Sudhansu Jyoti Mukhopadhaya, J.]

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