EC says people under preventive detention have right to vote

Election Commission has said that people under preventive detention, have the right to vote. In a letter to Chief Secretaries of poll-bound Maharashtra and Haryana, it reminded them of Section 62 (5) of the Representation of the People Act and the Conduct of Election Rules which specify that those in preventive detention, are entitled to cast their votes by post.The Commission has directed that instructions be issued to the concerned authorities in this connection. It warned that there should be no ground for any grievance due to non-compliance of the directive.The Election Commission's letter came in the backdrop of allegations that political activists and leaders are being detained by police ahead of elections.

It referred to the provisions in the Conduct of Election Rules under which the administration has to intimate the Returning Officer of each constituency the names of electors under preventive detention, along with their addresses, electoral roll numbers so that postal ballots can be sent to them to facilitate them exercise their franchise. Seeking to remove any ambiguity, the Commission said in case the authorities are not aware of the address of the Returning Officer of a detainee's constituency, they should send the details to the Chief Electoral Officer.In another letter to all Chief Electoral Officers, CEOs, the poll body has asked all state police chiefs to ensure that junior level police officials are not allowed to misuse power to deter a political activist to campaign for his or her leader or political party during elections.

It referred to a recent order of the Patna High Court which said that an official attached to a police station misused his powers to deter a person from campaigning in polls by threatening him with legal action. The Commission asked all DGPs and CEOs to ensure that no indirect restrictions are placed on campaigning.