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A Supreme Court bench of Justice Ravikumar and Sudhanshu Dhulia today dismissed the plea filed by NCP leader Nawab Malik and former Home Minister Anil Deshmukh, seeking permission to cast their votes in the legislative council election. The plea challenged the Bombay High Court order passing a similar order.

The Bombay High Court on Friday turned down the request made by NCP leader Nawab Malik and former Home Minister Anil Deshmukh, seeking permission to cast their votes on June 20, today, in the legislative council election.

Both Malik and Deshmukh are in custody for cases involving money laundering offences. Also, on June 10, the High Court had rejected Malik's petition seeking release from jail to enable him to cast his vote in the Rajya Sabha elections.

When the matter came up for hearing before the Supreme Court today, Meenakshi Arora, Sr. Adv, appearing for the petitioners, argued that they are seeking to exercise their right to case vote as representatives of the constituent have elected them. She submitted that depriving them of the right to vote would amount to depriving the right of the entire constituency.

The bench took a view that considering they were both in prison for offence of money laundering, Section 62(5) of the Representation of Peoples Act would apply.

Arora retorted saying that as elected representatives petitioners represent the entire constituency and not just themselves. Referring to various judgment of the courts, Arora argued that such an act would lead the constituency to go unrepresented.

Solicitor General Tushar Mehta, appearing for the central authorities, argued that the word 'election' is defined under Section 2(D) of the Act and the definition includes election to both the houses of parliament and the state legislature. SG argued that the petition before the court confines itself only to the facts of the given case and is not a challenge to Section 62(5) of the Act.

Court, on hearing the submissions, observed that in view of the larger question involved in this case pertaining to section 62(5) of the RP Act, it has to be heard in detail.

Court however made it clear that in view of the judgment of the Supreme Court in Ankul Chandra Pradhan and Radhakrishnan, it is not inclined to grant any interim relief in the matter.

Malik was arrested on February 23, 2022, under section 19 of the Prevention of Money Laundering Act, 2002 (PMLA) by the Enforcement Directorate (ED) for alleged money laundering and active involvement in terror funding in connection with a 1999 land deal with don Dawood Ibrahim’s sister.

On March 7, the NCP leader was sent to 14 days judicial custody by a Special PMLA Court in Mumbai. A Special Judge (PMLA) on March 3 had extended Malik's remand to the Enforcement Directorate (ED) till March 07, 2022. On February 26, 2022, Malik was remanded in the custody of the Enforcement Directorate till March 3, 2022.

In Deshmukh's case, an FIR was registered against him and some unidentified persons on April 24 last year on charges of corruption and misconduct following a preliminary inquiry that the Central Bureau of Investigation (CBI) conducted in compliance with the High Court's order.

In March this year, Special Judge RN Rokade had observed that, “from statements of certain witnesses, one thing is clear, that an unofficial list of police officers relating to transfer and postings used to be prepared at the instance of Deshmukh and forwarded to the Police Establishment Board (PEB).”

“Prima facie there was evidence to indicate that Anil Deshmukh had exercised undue influence in transfer and postings of police officials,” the special court had further observed while denying bail the NCP leader and former state home minister.