Voting rights in custody: undertrial permitted to vote in Presidential Election with escort and security safeguards.

Section 62(5) of the Representation of the People Act, 1951 was found inapplicable to a Presidential Election governed by the Presidential and Vice Presidential Elections Act, 1952. The Court distinguished authorities on legislative attendance and preventive detention, and followed the Supreme Court's approach of allowing voting with safeguards in comparable situations. As the individual was an undertrial in lawful custody and no statutory prohibition barred participation in the Presidential Election, the request was accepted subject to escort and security arrangements, and he was permitted to cast his vote.

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Issues: Whether a person in lawful custody, not convicted and not under preventive detention, could be permitted to cast his vote in the Presidential Election and be escorted for that purpose.

Analysis: The relevant voting embargo in Section 62(5) of the Representation of the People Act, 1951 was considered but found inapplicable to the Presidential Election, which is governed by the Presidential and Vice Presidential Elections Act, 1952. The Court distinguished authorities dealing with attendance in legislative proceedings and preventive detention, and relied on the Supreme Court's approach permitting voting with appropriate safeguards in comparable circumstances. Since the petitioner was only an undertrial and no statutory prohibition was shown against his participation in the Presidential Election, the request was held to deserve acceptance subject to conditions.

Conclusion: The petitioner was held entitled to cast his vote in the Presidential Election, with escort and security arrangements directed for that purpose.

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