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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J.
Jomon Jacob, S/o. Jacob and Anr. - Petitioners
Versus
State Election Commission, Represented By Secretary Kerala State Election Commission Office Thiruvananthapuram and Ors. – Respondents
W.P.(C) No. 42170 of 2025
Decided On : 13-11-2025
The court's decision in this case emphasizes the importance of safeguarding the rights and dignity of individuals with mental health conditions, particularly in the context of voting rights. The court clarified that unless a person has been legally declared of unsound mind by a competent court, they are presumed to have the capacity to make decisions regarding their mental health and, by extension, their participation in voting (!) (!) .
The court rejected the petitioners' attempt to exclude voters based solely on residence in a rehabilitation center or presumed mental illness without concrete evidence or proper legal procedures. It held that mere residence in a rehabilitation facility does not automatically imply incapacity, and such assumptions without proper declaration are unjust and potentially discriminatory (!) (!) .
Furthermore, the court stressed that the determination of mental illness must adhere to accepted medical standards and that the legal process for declaring someone of unsound mind is essential. The Act defines mental illness narrowly, excluding mental retardation and emphasizing the need for a competent court declaration before disqualification can occur (!) (!) (!) .
The court also highlighted the social and emotional harm that labeling individuals as mentally ill without proper evidence can cause, including social stigma and discrimination. It underscored that mental illness is not a moral failing and that individuals with mental health conditions are entitled to their fundamental rights, including the right to vote (!) (!) .
In conclusion, the court dismissed the petition due to the absence of affected parties as parties in the case and the lack of evidence to support the petitioners' claims. It reaffirmed that any exclusion from electoral rolls must follow due process, and assumptions without proper legal declaration are unjustified. The decision promotes inclusion, respect for individual rights, and adherence to legal standards in determining mental capacity for electoral participation.
JUDGMENT :
P.V. KUNHIKRISHNAN, J.
Persons with mental illness or persons with intellectual disabilities are also citizens of this country, and they are our brothers and sisters. Section 4 of the Mental Health Care Act, 2017 (for short Act 2017) says that every person, including a person with mental illness, shall be deemed to have the capacity to make decisions regarding their mental health care or treatment, if such person has the abilities mentioned in sub clauses (a) to (c) of that section. A strange prayer is sought for in this Writ Petition. According to the petitioners, voters who are currently in a rehabilitation centre for persons with mental disabilities are unable to cast their votes according to their will, and therefore, their votes are to be kept in a separate electronic voting machine and recorded digitally while they cast their votes in the ensuing general election of 2025. No documents are produced to show that they are mentally challenged or have a mental illness. They are not even a party in this writ petition, at least in a representative capacity. What an insult to those persons who are said to be in a rehabilitation centre!
2. I will narrate the facts in this case in brief:
Petitioners are permanent residents of Pala Municipality, residing in Ward No. 7, Pulimalakunnu Bhagom. Ext.P1 is the final voters' list published for Ward No.7 of Pala Municipality. According to the petitioners, when the draft voters' list was published and verified, they found that approximately 60 voters were included in the voters’ list from House No. 6/141 of Ward No. 7. According to the petitioners, voters from Serial Nos. 349 to 358 and 360 to 407 in Ext.P1 are residents of ‘Mariya Sadhanam’, a rehabilitation centre for persons with mental challenges, and their residence number is House No. 6/141. According to the petitioners, voters from Serial Nos. 349 to 358 and 360 to 407 are mentally challenged persons, and they are unable to cast their votes according to their will. Hence, the petitioners approached the 4th respondent, who is the enquiry officer preparing the final voters' list, to remove these persons mentioned in the voters' list from the Serial Nos. 349 to 407. Ext.P2 is the receipt issued by the 4th respondent in connection with the enquiry. After the enquiry, the 4th respondent deleted voter No.349 because the voter was no more. But others' names were included. It is submitted that the voters from Serial Nos. 349 to 358 and 360 to 407 are not permanent residents of building No.6/141, and they are mentally challenged patients, and ‘Mariya Sadhanam’ is a rehabilitation centre for giving treatment to mentally challenged persons. Therefore, it is submitted that the 4th respondent, without a proper enquiry, included voters from Serial Nos. 349 to 358 and 360 to 407 in the Ext.P1 voters list. It is also submitted that Section 2(s) of the Mental Health Care Act, 2017 (for short ‘Act 2017’) clearly defines ‘mental illness’. According to the petitioners, those persons are governed by the Act 2017.
3. After publishing the Ext.P1 voters list, and after knowing that they were included in the final voters list, the petitioners approached the 2nd and 3rd respondents to remove those persons from the voters list, as evident by Ext.P3 representation. Ext.P4 is the acknowledgement showing the receipt of Ext.P3 representation. The petitioners also submitted an application to the 2nd respondent, as evident from Ext. P5 and Ext. P6, which is the postal receipt showing the dispatch of Ext. P5. But, after submitting Ext. P3 and Ext. P5, there is no response. Therefore, it is submitted that it is highly necessary to keep their votes separately classified as challenged votes, and that these should be recorded on a separate electronic voting machine. Hence, this Writ Petition is filed seeking the following reliefs:
“i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to keep the voters of 349 to 358
The court recognized the right to vote for individuals with mental health conditions unless legally declared otherwise, stressing the importance of dignity and inclusion.
Judicial review is constrained by public health laws, and SOPs enacted to manage infectious disease outbreaks can lawfully restrict voting rights.
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.
The court upheld the exclusion of petitioners from the voters list for failing to meet statutory eligibility requirements, emphasizing limited judicial intervention in ongoing election processes.
The exclusion or inclusion of names in the voters' list does not warrant interference by the Court under Article 226 of the Constitution of India. The writ-applicant was relegate to avail statutory r....
The finality of the electoral roll and the inability to challenge its validity in an election petition.
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