Supreme Court Accepts RP Act Amendment

http://www.desikanoon.co.in/2013/10/chief-election-commissioner-v-jan.html - (Supreme Court Said that people in Jail cannot contest elections.)

http://www.desikanoon.co.in/2013/10/jan-choukidar-verdict-and-amendment-to.html - (Analysis of the Amendment Brought by the Parliament in the RP Act)

Section 62 (5) of the RP Act says, “No person shall vote at any election if he/she is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police: Provided that nothing in this sub- section shall apply to a person subjected to preventive detention under any law for the time being in force.”

Subsequent to the July 10 judgment, Parliament amended the RP Act and introduced a proviso to Section 62 (5) in the RP (Amendment and Validation) Act, 2013, which says “... by reasons of the prohibition to vote under this sub-section, a person whose name has been entered in the electoral roll shall not cease to be an elector.”

The new notification say “notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, the provisions of the RP Act, 1951, as amended by this Act, shall have and shall be deemed always to have effect for all purposes as if the provisions of this Act had been in force at all material times.”

A Review Petition in this regard was pending in the Supreme Court. On Tuesday, the Supreme Court dismissed this petition since nothing survived in the petition in view of the amendments to the RP Act.