Thursday, February 2, 2023

Supreme Court agrees to hear plea by Nawab Malik and Anil Deshmukh for permission to vote in Maharashtra floor test

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The Supreme Court has agreed to hear the plea filed by Maharashtra MLAs Nawab Malik and Anil Deshmukh who are currently in jail, but seek permission to vote in the floor test scheduled to be held tomorrow for deciding majority in the Maharashtra Legislative Assembly.

The leaders have been behind the bars from charges of money laundering and corruption.

The matter was mentioned before the vacation Bench of Justices Surya Kant and JB Pardiwala by advocate Sudhanshu Choudhari . The matter shall be heard at 5.30 pm today.

The bench will also be hearing the plea by the camp of Uddhav Thackeray which challenges the floor test ordered by the Maharashtra Governor Bhagat Singh Koshyari for tomorrow.

Nawab Malik is presently in judicial custody under the Prevention of Money Laundering Act (PMLA)involving underworld don Dawood Ibrahim.

Anil Deshmukh, who is also in judicial custody,as he is prime accused in a corruption case in a case probed by ED and FIR filed by CBI .

An interim bail was refused to both by the the Supreme Court where the duo had sought for a temporary release from jail for a day to cast their votes in the Maharashtra Member of Legislative Council (MLC) elections.

A bench of Justices CT Ravikumar and Sudhanshu Dhulia have an opinion that  the petition raises a pertinent question in relation to the right of a Member of Legislative Assembly (MLA) to vote of Legislative Council elections on behalf of his constituency.

The Section 62(5) of the Representation of People Act puts bar on prisoners from voting.

The notice has been issued by the court but interim order awaits in the case.

As per the order The arguments reveal that on interpretation of Section 62(5) there is conflict of views. Thus we will have detailed hearing on it. But no interim relief to be granted,” 

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