The right to vote is a statutory right, barred for individuals in judicial custody under Section 62(5) of the Representation of the People Act, 1951, even if their names are on the electoral roll.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, who is now confined in Central Prison, Puzhal, Chennai, to permit him to vote in the Assembly Elections, 2026 through postal ballot or in person by considering his representation dated 30.3.2026.

3. The case of the petitioner is that in view of the false case foisted against him, which is politically motivated, he is detained under Act 14/1982 in BBCDEFGISSSV.No.26 of 2026, dated 22.01.2026. Challenging the same, he has also filed HCP No.329 of 2026 before this Court and the same is pending. Earlier, he had contested as a candidate for Member of the Legislative Assembly in the State election in Alangulam Legislative Assembly as an independent candidate. He had also submitted a nomination for the Assembly Election, 2026 for being sent to the Returning Officer of Alangulam Constituency, however, the third respondent did not send it and the same was handed over to his counsel. His nomination was rejected by the Returning Officer. On 30.3.2026, the petitioner had submitted a representation to the fourth respondent seeking to allow the petitioner to cast his vote and make arrangement for polling booths in jail.

However, on 15.4.2026, the petitioner was informed that he will not be allowed to vote in the election. Alleging that his voting right has been infringed by the third respondent, the petitioner has filed the present writ petition.

4. Learned Additional Public Prosecutor appearing for respondents 3 and 4, by producing the written instructions dated 22.4.2026 received from the Superintendent of Prisons, Central Prison- II, Chennai, submitted that the petitioner is in judicial custody as remand prisoner in connection with Crime No.187/25 registered under Sections 3(5), 310(2), 318(4), 336(2), 336(3), 338, 61(2) of BNS, as also he has been detained as TPDA prisoner on 22.1.2026 as per the orders of the Commissioner of Police, Greater Chennai. Apart from the above, the petitioner is also facing the following pending cases: Sl. No.Name of Police StationCrime No. and SectionName of the Court1DCB, Ariyalur01/2026 U/s.318(4), 61(2) BNSJudicial Magistrate No.I, Ariyalur2Peelamedu740/2025 U/s.318(4) BNSJudicial Magistrate No.II, Coimbatore

5. Learned Additional Public Prosecutor further submitted that the petitioner has applied for filing nomination as independent candidate and the same has been forwarded to the concerned Returning Officer of Alangulam Legislative Constituency through his lawyer and it is learnt through media that his candidature was rejected as the filing procedure was not duly followed. The representation of the petitioner dated 7.4.2026 seeking to cast his vote for the Tamil Nadu Legislative Assembly Election, 2026 was forwarded to the concerned Returning Officer on the same date. Since the petitioner has three pending cases against him in various Courts and is in custody, he is not eligible to vote in the ongoing Tamil Nadu Legislative Assembly Election, 2026.

6. We have considered the rival submissions and also perused the materials available on record.

7. Section 62(5) of the Representation of People Act, 1951 (for short, “RP Act”) provides as under:

“62. Right to vote-

(1) to (4) ...

(5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.

Provided further that by reason of the prohibition to vote under this