CHENNAI: The Election Commission of India has told the Madras High Court that children cannot be used for political campaigns, and that a circular was issued two years ago against the use of children for election-related activities.
Submitting its reply to a petition seeking probe and action against the ruling Tamilaga Vettri Kazhagam (TVK) for allegedly using children for indirect electoral gains, the poll panel said instances falling under ‘undue influence’ have to be examined to ascertain whether they had any bearing on the recent Tamil Nadu Assembly polls.
Stating that voters are adult individuals capable of making their own decisions and are protected by law to maintain the secrecy of their vote, the ECI said there can be no presumption of indirect pressure having been exerted to vote for a particular party.
The submission was made in a counter-affidavit filed by Chief Electoral Officer Archana Patnaik on a public interest litigation petition filed by L Vasuki of Bhuvanagiri in Cuddalore district.
“It is not in dispute that children cannot be employed for the purpose of election related activity, be it from the officials’ side or from the political parties,” the counter-affidavit stated.
‘PIL doesn’t prove kids took part in poll drive’
The counter-affidavit also stated, “A press release dated 05.02.2024 was released by the commission reiterating its instructions that political parties and candidates should refrain from using children in political campaigns in any manner.”
The affidavit, filed through ECI’s counsel Niranjan Rajagopalan before the first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan, noted that the present writ petition does not allege or establish any specific or direct instance of children having been part of the campaign.
The CEO explained that undue influence on a voter is a corrupt practice under Section 123 of the Representation of People Act, 1951. She pointed out that a total of `599.24 crore was seized by 2,283 flying squad teams and 2,221 static surveillance teams across the state till April 22, 2026, during the polls.
The petitioner had alleged that TVK president C Joseph Vijay, addressing a public meeting at YMCA Grounds in Chennai on April 21, called upon “children to emotionally influence or pressurise their parents” regarding voting preference in the elections.
She also alleged bribing of voters by the DMK and the AIADMK during electioneering. Section 171F of the IPC provides for punishment for undue influence of electors, with imprisonment of up to one year, or fine, or both. Such an offence may also lead to the freezing of the poll symbol of the party found guilty.