Madras High Court Rejects Plea, Reaffirms No Voting Rights for Prisoners
The Madras High Court has reaffirmed that individuals lodged in prison, whether under trial or serving a sentence, are not eligible to vote in elections. The ruling came while dismissing a petition filed by Hari Nadar, who had sought permission to cast his vote while in custody.
Hari Nadar, currently detained under the Goondas Act at Puzhal Central Prison in connection with a fraud case, had approached the court requesting voting rights. He argued that being in preventive detention should not deprive him of participating in the democratic process.
The case was heard by a bench comprising Chief Justice S.A. Dharmadhikari and Justice G. Arul Murugan. During the hearing, the Election Commission clarified that, as per existing laws, individuals in lawful custody are barred from voting. Authorities also informed the court that multiple criminal cases were pending against the petitioner.
After considering all arguments, the court referred to Representation of the People Act, 1951, which explicitly states that persons in prison or police custody cannot vote. The judges also noted that this provision has already been upheld by the Supreme Court of India.
Based on these legal provisions, the High Court dismissed the petition, stating that no exception could be made. The ruling reinforces the existing legal framework governing electoral rights and clarifies that prisoners, regardless of their status, remain ineligible to vote under current law.
This judgment is expected to serve as a reference point for similar cases in the future.
