Consider the following statements 1 Representation of People rsquo s act debars a person who is in p...........

Indian Polity Elections

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Consider the following statements

1. Representation of People’s act debars a person, who is in police custody or jail, from casting his/her vote.

2. A person in police custody under preventive detention can’t be barred from casting vote.

Select the correct statement using codes given below

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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Explanation:

Both the statements are correct.

July 2013: SC upholds Patna High Court judgment debarring persons in judicial and police custody from contesting elections (Section 62 (5) of the Representation of the People Act 1951).
Convicted or not, rule applies to those in jail and police custody; not applicable to those out on bail. The Bench said: “We have heard counsel for the [political] parties and we do not find any infirmity in the findings of the High Court in the impugned common order that a person who has no right to vote by virtue of the provisions of Section 62 (5) of the Representation of the People Act 1951 is not an elector and is therefore not qualified to contest the election to the House of the People or the Legislative Assembly of a State.”