ANUKUL CHANDRA PRADHAN versus UNION OF INDIA AND ORS.

ANUKUL CHANDRA PRADHAN versus UNION OF INDIA AND ORS.

The classification of prisoners and non-prisoners under Section 62(5) is reasonable and justified. The right to vote is statutory, not a fundamental right, so its denial to prisoners does not violate Articles 14 or 21.

Parties
Petitioner: Anukul Chandra Pradhan; Respondents: Union of India and Ors.; Intervenor: Election Commission; Intervenors: Rajinder Sachar and Sanjay Parikh
Jurisdiction
India
Judgment Date
09 July 1997
Procedural Posture
Writ Petition (criminal) / Final Judgment
Outcome
petition dismissed
Legal Topics
Right to Vote, Classification of Prisoners, Preventive Detention, Statutory Rights
Constitutional Law Election Law Right to Vote Classification of Prisoners Preventive Detention Statutory Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Anukul Chandra Pradhan

Petitioner

Union of India and Ors.

Respondents

Election Commission

Intervenor

Rajinder Sachar and Sanjay Parikh

Intervenors

Procedural Posture

Writ Petition (criminal) / Final Judgment

Legal Issues

  1. 1 Constitutional validity of Section 62(5) of Representation of the People Act, 1951
  2. 2 Whether denial of voting rights to prisoners violates Articles 14 and 21 of the Constitution

Ratio Decidendi

The classification of prisoners and non-prisoners under Section 62(5) is reasonable and justified. The right to vote is statutory, not a fundamental right, so its denial to prisoners does not violate Articles 14 or 21.

Court Disposition

petition dismissed

Orders

  • petition dismissed without costs