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july 2013

Supreme Court of India · 2013-07-10

Chief Election Commissioner Etc vs Jan Chaukidar (Peoples Watch) & Ors

Citation / case number
AIRONLINE 2013 SC 230
Court
Supreme Court of India
Petitioner
Chief Election Commissioner Etc
Respondent
Jan Chaukidar (Peoples Watch) & Ors
Bench
Sudhansu Jyoti Mukhopadhaya, A. K. Patnaik

Judgment text excerpt

The Supreme Court upheld the Patna High Court's ruling that individuals confined in prison or in police custody are disqualified from voting under Section 62(5) of the Representation of the People Act, 1951. The Court emphasized that the right to vote is a statutory right, which can be granted or revoked by law, and confirmed that such individuals do not qualify as 'electors' under Sections 4 and 5 of the 1951 Act. Consequently, the appeals were dismissed, affirming the High Court's interpretation of the law regarding voting rights.

Chief Election Commissioner Etc vs Jan Chaukidar (Peoples Watch) & Ors · Niyam