Plea seeking right for NRIs to vote from respective countries rejected by HC

The Karnataka High Court has rejected a petition seeking directions to the Election Commission of India for the NRIs to vote from their respective countries in the assembly elections.

A Vacation Bench headed by Justice Krishna S Dixit rejected the petition stating that voting is not a fundamental right, but a creation of law.

The petitioner M Ravi, who says that he heads the Sagarottara Kannadigaru sought permission to vote in the Karnataka elections on May 10. The petitioner hails from Mysuru and said that he heads the organisation of the overseas Kannadigas based in Redhill, London. The petitioner has been working in Saudi Arabia as a registered nurse since 2008.

The petitioner said that there are around 6 million eligible voters residing abroad, including 5 lakh non-resident Kannadigas. He said that he had submitted a representation to the Chief Electoral Officer of the state on April 17, requesting voting facilities for NRIs.

The Bench took note of the N Ponnuswami vs Returning Officer, Namakkal constituency case of 1952. The court observed that over the years, the law relating to elections have evolved. The law says that the right to vote or stand in the elections is not a civil or fundamental right and is a creature of the statute of special law, which is subject to limitations imposed by it.

The court also said that unless it is provided under law or a legislation the petitioner cannot make such a prayer.