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“Right from the NS Ponnuswami vs Returning Officer, Namakkal constituency, case in 1952, to the Jyoti Basu case, the law relating to elections has evolved and it is held that the right to vote or stand in an election is not a civil or fundamental right. It is a creature of statute or special law, subject to limitations imposed by it.”
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“The bench added that unless it was provided under law or legislation, the prayer could not be granted.”
— Vacation division bench headed by Justice Krishna S Dixit noted
The Bengaluru high court recently rejected a public interest litigation (PIL) that sought directives from the court to allow non-resident Indians (NRIs) in their respective countries of residence to exercise voting rights for elections in India.
Dismissing the petition, a vacation division bench headed by Justice Krishna S Dixit noted that right from the NS Ponnuswami vs Returning Officer, Namakkal constituency, case in 1952, to the Jyoti Basu case, the law relating to elections has evolved and it is held that right to vote or stand in an election is not a civil or fundamental right. It is a creature of statute or special law, subject to limitations imposed by it.
The bench added that unless it was provided under law or legislation, the prayer could not be granted.
The petitioner, Ravi M, who claimed to be the head of Sagarottara Kannadigaru, an organization representing overseas Kannadigas, also sought permission for Kannadigas living outside India to vote in the May 10 Karnataka assembly elections.
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The petitioner requested the court to either enable NRIs to cast postal ballots or allow setting up of polling booths at Indian missions abroad.
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The petitioner pointed out that approximately six million eligible Indian voters were currently residing abroad, including five lakh Kannadigas
Hailing form Mysuru city, Ravi M said in his petition that he headed the organization of overseas Kannadigas based in Redhill in England.
He was employed in Saudi Arabia as a registered nurse since 2008.
He said that he and some other NRIs had noticed that their colleagues from Philippines and Italy could vote in their country’s elections, from their countries of residence, by simply visiting their respective embassies and exercising their franchise there.
Citing that, the petitioner requested the court to either enable NRIs to cast postal ballots or allow setting up of polling booths at Indian missions abroad.
The petitioner pointed out that approximately six million eligible Indian voters were currently residing abroad, including five lakh Kannadigas.
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