TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Join Channel
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether an elected Member of the Legislative Assembly, who was in jail custody, could be permitted to participate in voting for the election to the Council of States.
Analysis: The election to the Council of States is governed by Article 80(4) of the Constitution of India and the Representation of the People Act, 1951, including the proviso to Section 59 and Section 152. The voting process for such election is by open ballot under proportional representation through the single transferable vote system. In these circumstances, the Court treated the petitioner's status as a Member of the Legislative Assembly as sufficient to justify facilitation of his participation in the voting process despite his custody.
Conclusion: The petitioner was entitled to be facilitated to cast his vote in the Council of States election.
Final Conclusion: The writ petition was allowed to the extent necessary for enabling the petitioner to vote, and the authorities were directed to ensure his transport, security, voting, and return to jail.
Ratio Decidendi: Custody does not, in the facts of a Council of States election, prevent an elected Member of the Legislative Assembly from being facilitated to exercise the statutory franchise where the election process is governed by open ballot and proportional representation.
TaxTMI 
