NRI Moves Madras High Court Seeking Special Polling In Coimbatore For Those Left From Voters' List, Seeks Stay On Result Till Then

Suthanthira Kannan, a doctor residing in Australia, in his plea stated that when he came to Coimbatore to fulfill his fundamental duty of casting a vote, his and his wife's names were missing from the Voter's list. Kannan submitted that although his name was present in the Voter's List in 2019 and 2021, it was absent in the present list due to the arbitrary and inefficient way the voter's list was prepared.

Kannan further submitted that deprivation of the voting right amounts to infringement of fundamental rights guaranteed under Article 19 of the Constitution. He added that every person has a positive role to play in electing a Member of Parliament and this role was denied to thousands of people in the elections held in the state of Tamil Nadu on 19^th April 2024.

Kannan submitted that as per Section 22 of the Representation of Peoples Act, before removing a person's name from the voter's list, the electoral registration officer is duty-bound to give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken. He added that this procedure is not an empty formality, but a procedure founded on principles of natural justice, which if violated makes the action arbitrary and illegal. He also submitted that no such action had been taken in the present case.

Thus, Kannan sought directions to the election commission to give an opportunity to those persons whose names were omitted, to be permitted to poll by notifying a polling booth in the area so that those persons could exercise their franchise. He also sought to stay the counting of votes and declaration of results untill such an opportunity was given.