CHENNAI: A division bench of the Madras High Court was told on Monday that there is no constitutional or statutory provision to prohibit the street-dwellers or the persons residing on waterbodies from exercising their franchise in the general elections.
Recording the submission made by Niranjan Rajagopalan, counsel for the state Chief Electoral Officer, the bench modified an order passed by the Madurai Bench of the Madras High Court on January 12.
Niranjan has rightly contended that there is no constitutional or statutory prohibition on the street-dwellers or the persons residing on waterbodies exercising their franchise in the general elections. It is well settled that the right to vote is a constitutional one, the bench said.
Originally, while passing orders on a PIL from advocate K K Ramesh, the Madurai bench had directed the Election Commission to see to it that no person shall henceforth be included in the voters’ list for the election if the residence claimed by such person is in any land, which has been notified as a waterbody in the revenue records of the state and the Chief Election Officer shall issue necessary circular for ensuring compliance in this regard by February 11.
Seeking modification of the order, the present affidavit was filed by the state CEO stating that the Representation of People Act provided for the procedure for preparation of electoral rolls. The right to vote being a constitutional one even where there is no address for the person concerned, if he/she generally resides under a tree or even on the pavement which is identifiable, provided he/she is ordinarily a resident, the person is entitled to be registered as a voter, he added.