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1 - 10 of 12 (0.22 seconds)Anukul Chandra Pradhan, Advocate, ... vs Union Of India & Ors on 9 July, 1997
13. Applying Section 62(5) of the Representation of People Act to the factual matrix of the present case, it is clear that the petitioner cannot be allowed to cast his vote at the election to the Rajya Sabha since, he is in prison and in the lawful custody of the police. Further the proviso to the Section will not apply since he is not in preventive detention. Furthermore, right to cast vote at an election is a statutory right as observed by the Supreme Court in Anukul Chandra Pradhan's case (supra).
The Representation of the People Act, 1951
Article 21 in Constitution of India [Constitution]
Section 59 in The Representation of the People Act, 1951 [Entire Act]
Section 62 in The Representation of the People Act, 1951 [Entire Act]
Kuldip Nayar vs Union Of India & Ors on 22 August, 2006
11. The Judgment of the Hon'ble Apex Court in Kuldeep Nayar and others v. Union of India and others (2006)7 SSC 1 deals with the validity of the Representation of the people (Amendment) Act 2003 by which the requirement of 'domicile' in the state for the election to the Council of States had been done away with and a provision of open ballot at an election for the Council of States had been made. The Hon'ble Apex Court has upheld the validity of the Act on both the counts.