People in police custody or jail can contest elections: Supreme Court

New Delhi: In a big breather for politicians, the Supreme Court on Tuesday approved an amendment in the Representation of People Act, which allows political leaders in police custody to contest elections.

The order comes as a big relief for politicians as the apex court had earlier said that the people who are in police custody cannot contest polls.



Political representatives will now be free to contest polls till the time they are held guilty and convicted by a court. The Parliament in September passed a Bill that maintains the right of those in jail to contest polls, with the government saying the court verdict was wrong and the Legislature has constitutional duty to correct it.

The Amendment Bill seeks to add a proviso to sub-section (2) of section 62 of the RP Act to state that a person cannot cease to be a voter while in detention as his or her right is only temporarily suspended.

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