MADURAI: Dismissing a petition seeking compensation for damage allegedly caused by BJP functionaries prevented from campaigning by a group of Muslims, the Madurai bench of the Madras High Court said canvassing for votes is a fundamental right and disturbing it is an electoral offence.
According to the petitioner, Habeeb Mohamed of Mallipattinam in Thanjavur, BJP candidate for the 2014 LSpolls Karuppu alias Muruganantham, and his supporters went on a rampage after Muslims in the locality prevented them from campaigning in their village. Mohamed was seeking `15 lakh as compensation for the alleged damage.
‘State obligated to ensure right to seek vote is upheld’
Hearing the case, Justice GR Swaminathan termed the villagers’ action anti-democratic. “Those who attempt to restrain candidates and cadre from exercising their right to campaign should be dealt with an iron hand. Unless there is effective campaigning, elections will be rendered a farce. Right to vote is a statutory right. But the right to seek votes is a fundamental right. The state is under a constitutional obligation to ensure that this right (to campaign) is upheld at all costs and under any circumstance,” he said.
“Maybe this action (preventing campaigning) triggered the occurrence. The HC cannot go into the factual aspects. It is for the trial court to decide,” he said, comparing the incident with a scene in the Tamil movie ‘Maamannan’ wherein the character of a Dalit MLA is prevented from entering villages to canvass for votes. The court dismissed the plea but granted the petitioner the liberty to seek relief before the trial court.