New Delhi: The Supreme Court on Tuesday said that the candidates can contest elections even when in police custody. The apex court had approved amendment to the Representation of the People’s Act which Gives huge relief to political leaders.
The bench of justice AK Patnaik and SJ Mukhopadhaya said, “The only question is about the vires of section 8 (4) of the Representation of the People Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction”. The court said in the light of the amendments brought by the central government to the RPA, a person does not cease to be an elector only by a reason of being in police custody/jail and can therefore contest elections.
However, the apex court had previously passed a judgment that anybody in police custody/jail will not be able to contest elections in July.
Bureau Report
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