However, PTI reported that a panel of Judges CT Ravikumar and Sudhanshu Dhulia agreed to look into the issue regarding the interpretation of section 62(5) of the Representation of the People Act 1951, which prohibits persons in custody from voting.
Deshmukh and Malik last week requests were denied by the Bombay High Court, with a single panel of Judge NJ Jamadar observing: “It is alleged that one of the objects of the prohibition under the Act is the arrest of the criminalization of the policy. Therefore, I am not inclined to subscribe to the broad thesis that giving individuals (who are otherwise ineligible to vote in elections) strengthens democracy.”
Malik and Deshmukh are in prison on two separate money laundering cases.
Voting for the MLC elections in Maharashtra ended at 4:00 pm on Monday. Eleven candidates competed for 10 seats in the legislative council.
BJP has five candidates – Praveen Darekar, Ram Shinde, Shrikant Bharatya, Uma Khapre and Prasad Lad. The Congress candidates are Bhai Jagtap and Chandrakant Khandor. The NCP candidates are Ramraje Nimbalkar and Eknat Hadse. Shiv Sena the candidates are Amshya Padavi and Sachin Ahir.
Of the 288 MLAs in Maharashtra, 285 voted as Malik and Deshmukh were not allowed to participate and one Shiv Sena MLA, Ramesh Latake, passed away last month.
To elect both of its candidates, the NCP is only one vote short.
Earlier in the day, the Shiv Sena stated that preventing Malik and Deshmukh from voting was, as it were, a “trampling” of the rights of the two elected representatives.