Person in electoral roll but confined in prison shall continue

The Election Commission today clarified that any person enrolled in the electoral roll but confined in a prison or in police custody shall continue to be an elector and can contest polls if not convicted.
The EC sent this clarification to chief electoral officers of all states ahead of assembly elections in five states between November 11 and December 4.
The clarification came after the Representation of the People (Amendment and Validation) Act, 2013 passed by Parliament in the Monsoon Session got the assent of the President that annulled a Supreme Court judgement of July 10 that any person behind bars ceases to be an elector and thus can neither vote or contest elections.

"By this amendment, a further proviso has been added to sub-section (5) of Section 62 of R P Act, 1951, that if a person who is enrolled in the electoral roll is confined in a prison or in lawful custody of police, he will continue to be an elector notwithstanding the prohibition against voting under the said sub-section," said a communication.