https://www.taxtmi.com/caselaws?id=302832 Section 62(5) of the Representation of the People Act, 1951 imposes a mandatory bar on voting by a person confined in prison or in lawful police custody, with only a limited exception for preventive detention; the petitioner therefore had no entitlement to cast a Rajya Sabha vote from custody. The right to vote in this context is statutory, and the court had no discretion to relax the prohibition. The writ petition was also defective for non-joinder of necessary parties, as the Chief Election Commission of India and the Secretary, Rajasthan State Assembly were not impleaded, providing an additional ground against relief. en-us Thu, 09 Jun 2016 00:00:00 +0530 Mon, 20 Jun 2022 21:16:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302832 Section 62(5) of the Representation of the People Act, 1951 imposes a mandatory bar on voting by a person confined in prison or in lawful police custody, with only a limited exception for preventive detention; the petitioner therefore had no entitlement to cast a Rajya Sabha vote from custody. The right to vote in this context is statutory, and the court had no discretion to relax the prohibition. The writ petition was also defective for non-joinder of necessary parties, as the Chief Election Commission of India and the Secretary, Rajasthan State Assembly were not impleaded, providing an additional ground against relief. Case-Laws Indian Laws Thu, 09 Jun 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302832