[Rajya Sabha Elections] Anil Deshmukh, Nawab Malik move Bombay High Court for a day's bail to cast vote

Maharashtra cabinet minister Nawab Malik and former State Home Minister Anil Deshmukh have moved the Bombay High Court seeking a day's bail to cast vote for the Rajya Sabha elections..The plea has challenged the order passed by special judge RN Rokade today morning rejecting the prayer of the two politicians for permission to vote. The plea before the High Court has been filed as two separate writ petitions invoking Article 227 of the Constitution and Section 482 of the Code of Criminal Procedure to quash the order of the special judge. The two senior politicians from the Nationalist Congress Party (NCP) have sought relief on an urgent basis since the elections for the Rajya Sabha are scheduled on June 10 (Friday).The matter was mentioned today late evening Justice PD Naik for urgent listing who expressed doubts about the correctness of the forum."How come before this Court? This has to go before the appropriate forum. We will hear you and see. This is a question of releasing someone from prison," remarked Justice Naik. He then said that he will hear the matter tomorrow and take a call. The two ministers have highlighted the fact that since they are Members of Legislative Assembly (MLA) they have a right to vote for the Rajya Sabha polls..The petitioners have stressed the fact that only the elected MLAs who are 288 in number would be at the Vidhan Bhavan to cast their votes.Thus, there is no likelihood that the presence of both Deshmukh and Malik at the venue would influence any voter or affect the process from being conducted in a free and fair manner."Refusing the reliefs, the special judge has exercised his discretion not to further the enduring values of our Republic, which allows democracy and democratic processes to flourish without fetters, but has compelled the petitioner to denigrate and disregard the solemn constitutional obligation, which he is bound to discharge when he took the oath to faithfully and conscientiously discharge his duties under the constitution," the plea filed by Malik stated.Malik further contended in his plea that he represents lakhs of citizens from his constituency and it is his constitutional duty to enable the voice of the electorate to reach the parliament since he himself couldn't reach there.It was further pointed out that since these aren't the General Elections, there isn't any hurdle in availability of police to escort Deshmukh to the secure premises of Vidhan Bhavan (Legislative Assembly) and bring him back..Before the special court, the two ministers had contended that an elected representative cannot be deprived of his or her right to vote unless convicted.Further, it was highlighted that if elected members are slapped with fake First Information Reports (FIR) and consequently not allowed to vote, it would have serious consequences. .Malik is presently in judicial custody for his alleged involvement in a money laundering case under the Prevention of Money Laundering Act (PMLA) involving underworld don Dawood Ibrahim.Deshmukh, who is also in judicial custody, is the prime accused in a corruption case after a probe was initiated by ED. This was after Central Bureau of Investigation (CBI) filed a first information report (FIR) against him following a Court-directed enquiry.