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1996 DIGILAW 1303 (SC)

Indian Council of Legal Aid and Advice v. U. O. I.

1996-07-22

A.M.AHMADI, FAIZAN UDDIN, K.VENKATASWAMI

body1996
JUDGMENT : WP (Crl.) 137/96 1. The petitioner who is in person states that he presses this petition on the limited ground that Section 62(5) of the Representation of People's Act, 1951 is unconstitutional in that it does not permit the convicts/prisoners to vote at a General Election merely because they are in custody although those in preventive detention are permitted to vote by postal ballot. Therefore, the writ petition on the other issues, save and except, the challenge to Section 62(5) will stand disposed of. Let notice go to the Attorney General of India s well as the Central Government, returnable within six weeks. WP(C) 232/96, 289/96. 2. Since writ petition No. 137/96 is on the same issue we do not entertain these two petitions raising the same issue as public interest litigants as the former is also in the same capacity. The writ petitions are dismissed. However, if learned counsel for the petitioner in writ petition No. 232/96 is so advised, he may move an application for intervention in writ petition No. 137/96.