The Election Commission (EC) sent the clarification to chief electoral officers of all states ahead of assembly elections in five states between November 11 and December 4.
The Election Commission on Wednesday 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 Election Commission (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. It annulled a Supreme Court judgement of July 10 that any person behind bars ceases to be an elector, and can thus neither vote nor 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.
The Election Commission said in view of the amendment of Section 62(5), the order pronounced by the Supreme Court on July 10, will not have any impact on the qualification of a person in prison or lawful police custody for contesting election.
"The instruction issued vide Commission's said letter will no longer be enforceable, and the position as obtained prior to the judgement of July 10, 2013 will continue to apply," the poll panel said.
The Commission has sent a copy of its clarification issued today to all recognised political parties at the national, state and regional levels.