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Last Updated: Friday, 30 April, 2004, 11:27 GMT 12:27 UK
Court challenge to Bihar election
Soldier overseeing polls in Barh, 70km east of Patna, Bihar
Bihar has suffered poll violence and allegations of malpractice
The High Court in the eastern Indian state of Bihar has asked the country's Election Commission to consider voiding polls that feature jailed candidates.

The court questioned how prisoners who have no right to vote under Indian law could contest the general election.

Several jailed politicians are contesting power in Bihar, reputed to be India's most lawless state.

The state completes its voting next Wednesday with national results due on 13 May.

Affidavit

Indian law does not allow those awaiting trial to vote but there is no bar on people fighting elections from jail if not yet convicted.

The Election Commission has ordered all candidates to clearly state in an affidavit the number of cases pending against them.

But a Bihar social group, Jan Chowkidar, filed a petition to the Patna court demanding disqualification of the jailed candidates.

Bihar MP Mohammad Shahabuddin
I am not a criminal just because there are so many cases against me
Mohammad Shahabuddin,
jailed Bihar candidate

The court asked the Election Commission to reply before 13 May.

The commission could order the next round of voting on Wednesday to be postponed in affected constituencies and order re-polls where voting has already taken place.

Jailed politicians contesting power in Bihar include Mohammad Shahabuddin in the Siwan constituency and Pappu Yadav in Purnia.

The two are facing charges in cases including murder and kidnapping.

Mr Shahabuddin dismisses concerns about his alleged background, saying: "I will win because I have ensured development and law and order in my region."

The Election Commission has already ordered an inquiry into complaints of widespread vote-rigging and other irregularities in the Chhapra constituency in Bihar.

The Bharatiya Janata Party has been demanding a re-poll in the constituency, saying voting last Monday was neither free nor fair.

Bihar's lawlessness was evident on Thursday when five people were injured as rival supporters opened fire on one another in the town of Revelganj, 40km (25 miles) north-west of Patna.

Analysts say Bihar is $5bn in debt and cannot fund basic services, which has allowed lawless elements to step in.


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