Karnataka HC rejects PIL seeking voting right to NRIs from respective countries

The High Court on Tuesday dismissed a PIL seeking directions for facilities to NRIs to vote from their respective countries during assembly elections.

A vacation division bench headed by Justice Krishna S Dixit rejected the petition, saying voting is not a fundamental right but creation of law.

The petitioner Ravi M, who claims to head Sagarottara Kannadigaru, has sought permission to vote in the Karnataka elections on May 10.

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The petitioner hails from Mysuru and said he heads the organization of overseas Kannadigas based in Redhill in England. The petitioner has been working in Saudi Arabia as a registered nurse since 2008.

According to the petitioner, there are approximately 6 million eligible Indian voters residing abroad, including 5 lakh non-resident Kannadigas. The petitioner had submitted a representation to Chief Electoral Officer on April 17, requesting for voting facility to NRIs.

However, the division bench noted that right from N S Ponnuswami vs Returning Officer, Namakkal constituency case in 1952 till the judgement in Jyothi Basu case, the law relating to elections have evolved and it is held that right to vote/stand in an election is not a civil or fundamental right and is a creature of statute or special law, subject to limitations imposed by it.

The court said unless it is provided under law or legislation, petitioner cannot seek such a prayer.