MUMBAI: After two courts including Bombay high court granted them no relief to vote in two elections, the Supreme Court was quick to permit incarcerated NCP MLAs Anil Deshmukh and Nawab Malik to vote in the floor test to be held in Maharashtra legislative assembly on Thursday.
Deshmukh and Malik, both members of Nationalist Congress Party (NCP) and both arrested by the Enforcement Directorate (ED) for alleged money laundering cases, approached the SC for permission to vote in the crucial floor test that the MVA government will face on June 30.
The SC bench of Justices Surya Kant and J B Pardiwala heard their plea immediately after passing an order permitting the floor test on Thursday as directed on June 28 by the Maharashtra Governor. The SC has however held that outcome of the floor test would be subject to the final decision the SC takes in a petition filed by Shiv Sena whip Sunil Prabhu who sought a stay on it till the apex court decides the pending matter of a disqualification notice to several ‘rebel’ MLAs of the party.
Deshmukh and Malik are part of the three party ruling combine of SS, NCP and Congress and their plea was that their presence at the floor test is vital and also their constitutional right.
The SC vacation bench directed that both be escorted and taken to the Vidhan Sabha hall from judicial custody and brought back after the voting.
On June 17, the Bombay high court holding that there is an express bar under law on people in prison from voting, said it cannot exercise its discretion to permit Deshmukh and Malik to exercise the franchise “which is otherwise prohibited by law.’’
HC Judge bench of Justice N J Jamadar had rejected pleas by Deshmukh and Malik to cast their votes as MLAs for the June 20 Member of Legislative Council (MLC) elections.
