July 3, 2012 admin

Bibi Jagir Kaur is entitled to vote in ensuing Presidential Election.

CHANDIGARH, JULY 3:          A Spokesperson of the Election Commission of India today clarified that as per section 8(4) of Representation of People Act, 1951, which reads: “Notwithstanding anything [in sub-section (2) or sub-section (3)] a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a Member of Parliament or Legislature of a State, take effect until three months have elapsed from that date or if within that period an appeal or application for revision is brought in respect of the conviction or the sentence until that appeal or application is disposed off by the court”.
He clarified that as Bibi Jagir Kaur was a sitting MLA in the Punjab Vidhan Sabha on the date (30-03-2012) of her conviction by the competent court and she has appealed against the said conviction in the Punjab and Haryana High Court, which has not yet been disposed of by the said court, the saving clause of above mentioned section is attracted in her case and she is not disqualified yet and continues to be a Member of Legislative Assembly of Punjab. He said that she is thus entitled to vote in ensuing Presidential Election.
He further clarified that if she is confined in a prison because of her above conviction, she can vote only in person, at the polling station and not by postal ballot. He said that for this purpose she would have to seek and obtain permission on her own from the competent court.
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