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Amendment in law allowing arrested persons to contest polls

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Press Trust of India New Delhi
Last Updated : Nov 27 2013 | 8:26 PM IST
A PIL has been filed in the Delhi High Court challenging a recent amendment by the Centre in the Representation of People Act that undid the Supreme Court's bar on people in jail to contest elections.
A bench of Chief Justice N V Ramana and Justice Manmohan today sought more details from the petitioner about the matter and listed it on December 9 for further hearing.
The bench asked the petitioner, advocate M L Sharma, to give details about the Supreme Court verdict dismissing a plea of the Centre seeking a review of the apex court's judgement debarring arrested persons from contesting polls.
"Where is the judgement of Supreme Court? You have to bring that. Do proper homework," the bench said.
The apex court, on November 19, 2013, had dismissed the review petition of the Centre saying it is not necessary to look into the issue in view of the amendment in law by Parliament.
The apex court, however, had said the issue of constitutional validity of the amendment will be considered separately after an NGO Lok Prahri opposed the Centre's petition and said it has challenged the amendment in Representation of People Act in this regard.

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Sharma in his PIL before the high court has challenged the September 29, 2013 amendment in the Representation of People Act by the government.
He had earlier filed the PIL in the apex court which refused to entertain the matter and asked him to file it before the appropriate high court.
The amendment in the Act enables arrested persons to contests elections as a person does not cease to be an elector only by reason of his being in police custody or in imprisonment.

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First Published: Nov 27 2013 | 8:26 PM IST

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