Keeping the question of whether undertrials should have the right to contest open for consideration, the Supreme Court today stayed the Patna High Court order.The court had directed the Election Commission to consider countermanding polls where persons-behind-bars are contesting, on the ground that it was not implementable.Upholding EC counsel K. Venugopal’s argument that the Constitution under Article 329 barred courts from interfering in any matter relating to polls till the process was complete, Chief Justice of India S. Rajendra Babu said: ‘‘Once the election process starts, the court cannot interfere in it saying this is illegal or that is illegal. If this happens, how can the election process ever be completed?’’The bench comprising CJI Babu, Justice G.P. Mathur and Justice S.H. Kapadia, also ruled that ‘‘in the last phase of election, how can such an order be implemented?’’The EC had filed an appeal challenging the April 30 order of the Patna HC. The EC plea said the direction, asking it to take action before declaration of results would disrupt the election process.Senior advocate Amarendra Saran representing NGO Janchaukidar, which had petitioned the Patna HC, said the high court gave the right direction as a person who had no voting right on a given day, could not contest elections.But the EC’s counsel countered that Parliament was the sole authority to decide who could be a voter and a candidate and it has not taken away the right to contest elections from undertrials.
