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KRISHNA S. DIXIT, VIJAYKUMAR A. PATIL
Ravi M – Appellant
Versus
Union Of India – Respondent
JUDGMENT/ORDER
1. Petitioner, a Non-Resident Indian presently residing in the Kingdom of Saudi Arabia has presented this social action litigation with a prayer scripted as under:
"Issue a Writ of Mandamus or any other Writ or order or directions against the Respondents to provide the voting facility to NRIs in their respective residing countries in the Elections."(sic)
2. Learned counsel appearing for the Petitioner argues that India being a democratic polity, periodic elections do take place and therefore, a large chunk of citizens residing in several foreign countries, as NRIs cannot be excluded from the democratic process; right to vote in the elections to the Parliament and State Legislatures should be made available to the NRIs. He hastens to add that with the advanced Science and Technology, such a facility can be provided disregarding whatever arguable difficulties the Election Commission of India may have.
3. Sri M N Kumar, on request to accepts notice for the 1st Respondent - Union of India; Sri S.R. Dodawad, learned counsel appears for 2nd Respondent - Election Commission of India and the 4th Respondent - Chief Electoral Officer. Learned AAG Sri Subramanya R appears for th
The right to vote is a statutory right subject to conditions and restrictions prescribed by law, and the personal presence of the overseas elector in the booth is necessary for casting a vote.
The central legal point established in the judgment is the determination of the petitioner's citizenship status and its impact on the maintainability of the election petition.
The central legal point established in the judgment is the requirement of permanent residence and intention to dwell permanently in a place to be considered 'ordinarily resident' for voter registrati....
The right to vote is a constitutional right, not merely a statutory right, and subsidiary legislation cannot infringe upon it, according to the Federal Constitution.
Once election is over, no relief under Article 226 can be granted to permit postal voting after the polling date has passed.
Democracy postulates that there should be periodical election, so that people may be in a position either to re-elect the old representatives or, if they so choose, to change the representatives and ....
The main legal point established in the judgment is that the prohibition against the exercise of the right to vote under Sec. 62(5) of the Representation of the People Act, 1951 applies to the electi....
The right to contest elections is a statutory right, not a fundamental right, allowing restrictions based on criminal background to protect electoral integrity.
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