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2020 (2) TMI 1643 - HC - Indian LawsRight to vote - Fundamental Right or Statutory Right - Section 62(5) of Representation of the People Act, 1951 is violative of the basic structure of the Constitution or not - HELD THAT:- Section 62(5) is constitutionally valid. The classification of the persons who are in jail and who are out of jail is a valid classification and it has a reasonable nexus with the objects sought to be achieved. In the case of S. RADHAKRISHNAN VERSUS UNION OF INDIA (UOI) AND ORS. [1999 (8) TMI 1013 - SUPREME COURT] it was held that Section 62(5) of the Act is constitutionally valid and right to vote is not a fundamental right but it is a statutory right and it can be made limited by the statute. Petition dismissed.
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