HC rescinds part of its order disenfrachising people living on water bodies

The Madras High Court Monday rescinded a recent direction by its Madurai Bench asking the Election Commission to disenfranchise people living on encroached lands notified as water bodies.

A bench comprising Justice S Manikumar and Justice Subramonium Prasad concurred with the submission of the Election Commission (EC) that there was no constitutional bar on street dwellers or people residing on such water bodies in exercising their franchise.

It modified the January 28 order of a division bench which had directed the EC to ensure that no person shall henceforth be included in the voters list if the residence claimed by such person was in any land notified as water body in the revenue records.

The bench of justices Manikumar and Prasad was allowing a modification petition filed by the Tamil Nadu Chief Electoral Officer (CEO).

"As rightly contended by Niranjan Rajagopalan, the standing counsel for the EC, there is no constitutional or statutory prohibition for the street dwellers or the persons residing on water bodies to exercise their franchise in the general elections. It is well settled that Right to vote is a constitutional Right," the bench said.

Clause VIII of Para 8 of the January 28 order of the division bench rescinded, the order said.

In his modification plea, the CEO submitted the Representation of People Act (RPA) 1950 provided for the procedure for preparation of Electoral Rolls and matters such as procedure of inclusion, removal, appeal and issue of voter ID Cards.

The Right to Vote being a constitutional right, persons generally residing under a tree or even on the pavement which was identifiable are entitled to be registered as voter provided they are ordinarily resident of the area, the CEO said.

Considering the law as laid down in the Constitution, various acts and the instructions of EC, there cannot be any direction as claimed by the petitioner (before Madurai bench) to prevent those residing on water bodies by encroaching them from being included as a voter, the CEO said.