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This is an archive article published on April 26, 2004

Undertrials can contest, can’t vote

UNDERTRIALS languishing in jails are in a peculiar situation — they can contest the elections as candidates, but they cannot cast their...

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UNDERTRIALS languishing in jails are in a peculiar situation — they can contest the elections as candidates, but they cannot cast their vote.

The reason: Provisions under The Representation of People Act, 1951 prohibit undertrials from exercising their franchise.

Of the total 23,964 prisoners in 31 jails across Maharashtra, as many as 15,611, including 605 women, are yet to be convicted. Add to that the number of suspects in police custody. None of them will be able to cast their vote in the general elections.

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Inspector General of Prisons (Maharashtra) Prabhat Ranjan, who is in charge of all the jails in the state, said the prisoners’ voting rights have been suspended under Section 62 of The Representation of People Act, 1951.

Sub-section 5 of Section 62 of the Act reads: ‘‘No person shall vote in any election if he is confined in a prison, whether under a sentence of imprisonment, or transportation or otherwise, or is in the lawful custody of the police.’’

However, 157 people who have been detained at various jails as a preventive measure will be allowed to exercise their franchise through the postal ballot.

TDP MLA unfazed

Among them, 126 are in Nashik Road Jail, six in Bombay Central Prison, eight in Thane District Jail, 15 in Yerawada Central Prison and one each at Aurangabad and Amravati jails.

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Prison authorities have already submitted a list of undertrials to the Home Department which in turn has forwarded it to the Election Commission.

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