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    <title>2017 (7) TMI 1422 - BOMBAY HIGH COURT</title>
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    <description>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&#039;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.</description>
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      <description>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&#039;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.</description>
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