CHIEF COMMISSIONER Vs. JAN CHAUKIDAR PEOPLES WATCH

JUDGEMENT

(1.) Leave granted. Printing dispensed with. The appeal to be heard on SLP paper book itself. Additional documents, if any, be filed in six weeks. Original record shall be requisitioned. Hearing expedited. Liberty to mention for an early date of hearing. The High Court has taken the view that a prisoner is debarred from voting under S. 62 (5) of the R. P. Act, 1951 and, therefore, he ceases to be an elector for any Parliamentary constituency in terms of S. 4 of the R. P. Act, 1951.

(2.) Whether a candidate is disqualified or not by reason of the fact that the prisoner is not elector and hence cannot contest an election pertains to improper acceptance of nomination paper as well and can also be challenged in election petition. When elections have reached last phase to interfere with the same at this stage as directed by the High Court is not practicable and hence the order of the High Court is stayed. It is made clear that we have not expressed any opinion on the merits of the case. Order accordingly.