New Delhi: The Supreme Court yesterday dismissed Centre's plea seeking review of its judgment debarring arrested persons from contesting polls, saying it is not necessary to look into the issue in view of amendment in law by Parliament.
The apex court, however, said that the issue of constitutional validity of the amendment will be considered separately after an NGO Lok Prahri opposed Centre's petition and said it has challenged the amendment in Representation of People Act in this regard.
"You challenge it. It will be separately considered," a bench of justices AK Patnaik and SJ Mukhopadhyay said.
"As a consequence of amendment a person does not cease to be elector only by reason of his being in police custody or in imprisonment. Therefore, he can contest election to state legislature as well as Parliament," the bench said in its order.
It initially said the review plea of Centre has become infructuous in view of the amendment but it passed the order saying the plea is dismissed after the NGO pressed for the word dismissal.
The apex court in its judgment on July 10 had held that a person, who is in jail or in police custody, cannot contest election to legislative bodies, bringing to an end an era of under trial politicians fighting polls from behind bars. It said that only a voter can contest election and a person in police custody has no right to vote.
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