[Maharashtra MLC Elections] Bombay High Court rejects plea by Nawab Malik, Anil Deshmukh to cast vote

The Bombay High Court on Friday rejected the pleas filed by Maharashtra cabinet minister Nawab Malik and former State home minister Anil Deshmukh seeking permission to cast vote in the upcoming Maharashtra Member of Legislative Council (MLC) elections..The two had approached the High Court on the ground that since they are Ministers of Legislative Assembly, they ought to be given an opportunity to vote in the elections.Today’s verdict by Justice NJ Jamadar would essentially mean that the two ministers would not be released from judicial custody in order to enable them to cast their vote in the elections slated to be held on June 20.Malik and Deshmukh will file appeal against the order before the Supreme Court. The special leave petition against the High Court verdict will be moved on Monday, June 20. .Senior Advocate Amit Desai for Malik had prayed that though the Representation of People Act puts restrictions on casting vote, it does not take away the discretion of the Court to permit release.He emphasized that the Court should lean in favour of democratic process unless there are larger issues like law and order problem..The Enforcement Directorate (ED) through Additional Solicitor General Anil Singh opposed the pleas citing Section 62(5) of the Act which the agency claimed, expressly barred person confined in prison from casting vote..Senior Advocate Vikram Chaudhri contended that the legal proposition by ED that the court cannot have discretion was a dangerous one.He argued that because there was an embargo (under Section 62(5) of the Representation of People Act, the legislators had been compelled to approach the court..Senior Advocate Amit Desai with Advocates Kushal Mor, Gopalkrishna Shenoy, Taraq Sayyed, Rohan Dakshini, Pooja Kothari, Tejas Popat, Neha Sonawane instructed by Rashmikant and Partners appeared for Malik.Senior Advocate Vikram Choudhary with Advocates Inderpal Singh, Aniket Nikam, Hargun Sandhu, MB Shirsat, Devyani Chemburkar and Swati Acharya appeared for Deshmukh.Additional Solicitor General Anil C Singh with Advocates Aditya Thakkar, Shriram Shirsat, DP Singh, Pranav Thakur, Smita Thakur, Amandeep Singh Sra and Amar Qureshi appeared for ED.[Read order]