Detained MLAs cannot vote in Assembly: High Court

In a recently reported decision the High Court of Allahabad has declared that Members of Legislative Assembly (MLAs) who have been lawfully detained in prison on account of criminal charges forfeit their right to participate in the Assembly proceedings and also their right to vote on matters therein. The High Court declared the law such in a writ petition filed by a sitting MLA who was detained in prison on account of criminal charges seeking a direction from the Court to the prison authorities to allow him to participate in the proceedings. The High Court declared the law as under;

... it is clear that there is no privilege of an M.L.A. from not being arrested on a criminal charge. When there is no exemption of an M.L.A. from arrest on a criminal charge, whether after such arrest and detention in prison, he has a right to participate in the sessions of assembly is the issue under consideration. A person lawfully detained in prison does not loose all his fundamental rights which he otherwise possesses. However, there are several natural consequences which flow from his detention. Right to live guaranteed under Article 21 of the Constitution is available to detenue also, but right to practice ones profession stands stripped when a person is detained in prison. ... An ordinary person who is detained in prison is denied his right to vote. The M.L.A. who is detained in prison on criminal charges cannot claim any superior right to participate in the sessions of assembly and to cast his vote. ... Non-participation in the proceedings of the assembly by the petitioner is a natural consequence of his detention in prison on criminal charges. Right of participation in the proceedings of the assembly by a member and the privileges in the assembly given to members are rights and privileges of those members who are participating in the proceedings. When the petitioner is detained in prison by lawful order, he cannot claim a writ of mandamus permitting him to participate in the proceedings of the Assembly.

Have a look at the decision.