The voting for all seven Lok Sabha seats in Delhi is scheduled for May 25th. But since the Delhi Chief Minister was arrested by the enforcement directorate on March 21st for his alleged role in the Delhi Liquor Policy Case, it’s highly probable that the sitting Delhi Chief Minister may not get a chance to vote in the upcoming election.
While Arvind Kejriwal is still a suspect and hasn’t been convicted, the right to suffrage is not extended to prisoners, regardless of their conviction status.
A lot also depends on the hearing scheduled for the 29th of April before the honorable Supreme Court, where the Delhi Chief Minister has filed a petition against their arrest by the Enforcement Directorate. It is pertinent to understand the voting rights in India.
THE RIGHT TO VOTE
Article 326 of the Indian Constitution guarantees the citizens of India the right to vote. The article reads as follows:
“The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime, or corrupt or illegal practice shall be entitled to be registered as a voter at any such election.”
So as per Article 326, a person can vote in elections to the House of the People (Lok Sabha) and to the Legislative Assembly of every state if they meet the following criteria
- They are citizens of India.
- They are not less than eighteen years of age on the date specified for voter registration (as determined by law).
- They are not otherwise disqualified under the Constitution, or any law made by the appropriate legislature.
If an individual meets these criteria, they are entitled to be registered as a voter and can participate in the electoral process during elections to the House of the People and the Legislative Assembly of their state.
WHO CANNOT VOTE AS PER LAW
In addition to the conditions specified in Article 326 of the Constitution, Section 62(5) of the Representation of the People Act, 1951, stipulates that individuals who are imprisoned or under lawful police custody are not permitted to vote.
The particular section reads as follows: “No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police.”
Although individuals who are incarcerated cannot participate in voting, they are allowed to run for office according to the law. The legal framework does not prevent undertrials from contesting elections unless they have been convicted.
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