Searching Case Laws & Precedent on Legal Query..!

Scanned Judgements…!

• Voting Eligibility of a Child with a Mother Reflected as a D-Voter - The primary issue is whether a child whose mother is listed as a D-voter (a person declared as a foreigner or not a citizen) can be permitted to vote.

• Main Points and Insights:

  • The electoral law generally disqualifies individuals who are not citizens or whose citizenship status is doubtful.
  • Several cases indicate that if a person's name is not in the voter list or if their citizenship is contested, they cannot be allowed to vote. For example, a person whose name is not entered into 1997 he could not cast his vote in 1997 ["PHULJAN NESSA vs THE UNION OF INDIA AND 5 ORS - Gauhati"].
  • In cases where a mother is reflected as a D-voter, her status as a foreigner or non-citizen would typically disqualify her and her children from voting, especially if the child's citizenship cannot be established or if the child's name does not appear in the voter list.
  • The presence of a mother's name as a D-voter in voter lists and the absence of any proof of the child's citizenship or legal eligibility strongly suggest that the child would not be permitted to vote.
  • Some cases mention that the absence of proper documents or proof of citizenship, or the presence of foreigner status, leads to rejection of voting rights ["NUR ISLAM vs THE UNION OF INDIA and othrs - Gauhati"], ["Jaynab Bibi D/o Late Kasem Ali vs Union Of India - Gauhati"].

• Legal Principles and Precedents:

• The law emphasizes the importance of verifying citizenship before allowing voting rights.
• If a person is declared a foreigner or their citizenship is doubtful, they are disqualified from voting.
• The electoral process relies on voter lists and documentary proof; mere familial association or historical voting does not confer the right if citizenship is not established ["NUR ISLAM vs THE UNION OF INDIA and othrs - Gauhati"].

• The presence of a D-voter mother in the voter list generally indicates non-citizenship, thus barring her children from voting unless citizenship is proven otherwise.

• Analysis and Conclusion:

• Based on the provided cases, a child whose mother is reflected as a D-voter (indicating non-citizen or foreigner status) cannot be allowed to vote unless the child's citizenship is independently established through valid documents.
• The electoral authorities and courts prioritize citizenship verification; mere familial linkage to a D-voter does not automatically grant voting rights to the child.
• Therefore, unless the child can produce valid proof of citizenship or eligibility, the presence of a mother listed as a D-voter disqualifies the child from voting.

References:["Chintham Ramakotamma VS Narella Anjamma - Andhra Pradesh"] ["R.A.PIYASENA v. A.J.M. DE SILVA et al"] ["Jaynab Bibi D/o Late Kasem Ali vs Union Of India - Gauhati"] ["NUR ISLAM vs THE UNION OF INDIA and othrs - Gauhati"]