Karnataka Elections 2023: High Court Dismisses PIL Seeking Permission For NRIs To Caste Vote From Abroad

The Karnataka High Court on Tuesday rejected a PIL filed by a Non Resident Indian (NRI) seeking grant of voting rights to NRIs from the countries they reside in, during the Karnataka Assembly Elections, scheduled to be held on May 10.

A vacation bench of Justice Krishna S Dixit and Justice Vijaykumar A Patil rejected the petition filed by Ravi M. In doing so, it accepted the submission made by the Election Commission of India that “The Right to vote is not a fundamental right and it is a creature of law. Therefore unless law is shown which provides for voting, the Right to vote cannot be sought for.”

The bench said “The vehement submission of the learned counsel for the appellant that the right to vote need to be given to NRI runs counter to this long-standing electoral jurisprudence.”

It added “In view of the above the matter is thoroughly devoid of merits and it needs to be rejected and accordingly it is rejected.”

The plea stated that the petitioner’s Organization, Sagarotara Kannadigaru, was founded during the COVID pandemic, to bring NRI Kannadigas and other related institutions at a common place to discuss and address the concerns raised. Sagarottara Kannadigaru is registered in the UK under CIC (Community Interest Company) to represent the overseas Kannadiga’s throughout the world.

Ravi submitted that he is a Non Resident Indian and working in the Kingdom of Saudi Arabia as a Registered Nurse since 2008 and had requested the Chief Electoral Officer, Karnataka to provide the facility of voting from their respective residing countries, either by postal voting system or by opening a polling booth in the Indian embassy at the respective countries.

Ravi submitted that he is a valid voter having a valid Election Identity Card issued by the Election Commission of India. Similarly around 60 Lac Indians are eligible voters working across the globe in various professions, some with their family and some of them are studying abroad in different universities.

It was said that few of petitioner’s colleagues from Philippines and Italy can vote from their respective residing countries though they live abroad while their election takes place in their countries by visiting their embassies in their residing country.

Thus it was prayed for a direction to the respondents Union of India and Election Commission of India to provide voting facility to NRI’s in their respective residing countries in the Elections.

Case Title: Ravi M And Union of India & others

Case No: WP 9720/2023

Citation: 2023 LiveLaw (Kar) 168

Date of Order: 02-05-2023

Appearance: Advocate Rudrappa P for petitioner.