The Supreme Court will take up for hearing on Wednesday a petition challenging the right of jailed MPs and MLAs to cast their vote in the presidential poll. A bench headed by Chief Justice K.G. Balakrishnan decided to hear the petition filed Tuesday by advocate 'Goodwill' Indeevar. Indeevar contended that the Section 62 (5) the Representation of the People Act, 1951, and a 1984 judgement of the Supreme Court on the issue together divested the jailed MPs and MLAs of their rights to vote.

Quoting the provisions of Section 62 (5), Indeevar said the electoral law divests all persons lodged in jail either as under trial or convict from voting rights. The only exceptions were people jailed under preventive detention laws.

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