SC refuses to entertain petition seeking voting arrangements for around 18,000 displaced Manipur people to cast votes in the upcoming Lok Sabha elections
On April 15, 2024, the Supreme Court (SC) of India refused to entertain a petition seeking voting arrangements for around 18,000 people displaced due to ethnic violence in Manipur to cast their votes in their homes in the upcoming Lok Sabha General elections. The bench also observed that it is not practically possible to direct the Election Commission to make arrangements for the Internally Displaced Persons (IDPs) located in nearby areas of Kolkata, Hyderabad, Shillong, Bangalore, Guwahati, Kohima, and Delhi NCR, 3 days before the commencement of elections in the state of Manipur. The three-judge bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra ordered, “With a short span of 3 days left for the 1st round of voting, the course of action claimed would be entirely impracticable. Moreover, the claim of the petitioners, although bonafidely does raise a broader issue of the policy bearing on the conduct of the elections, something over which the ECI is constitutionally vested with control and supervision under Article 224 of the Constitution.”
The SC bench also said, “Interference of this court particularly at this belated stage would cause substantial impediments in the conduct of the ensuing general elections of the Lok Sabha Constituency for the state of Manipur. We are therefore not inclined to issue any directions of this sort for the reason mentioned in the earlier part of the judgment.” Yesterday (April 15), the top court rejected a plea filed by Manipur resident Naulak Khansuanthang and others. The advocate appearing for the petitioners contended, “There are 18,000 internally displaced people. They want to vote in the elections in Manipur.” The plea filed also said, “Democracy is an essential feature of Constitution, yet no recognition of fundamental right to them. The ECI has turned a blind eye towards the state of tens of thousands of Kuki-Zo-Hmar IDPs who are going to be disenfranchised without any arrangements for the exercise of their voting rights.”
The petitioners also relied on the arrangements of Jammu & Kashmir for Kashmiri Migrants so that they could experience their right to vote. The SC bench rejected the contention of the top Court and said, “While the petitioners have relied upon arrangements of J&K, we find from the notification of 22.3.24 of ECI that right since the election of the state's legislative assembly in 1996 a special scheme was devised under the Jammu and Kashmir People's Representation Act 1957 which enabled migrant voters to vote by postal ballot for the constituencies in the places where they were registered as voters. The background of the state of J&K emerges from the preambulatory statements in the notification (as extracted from submissions) the above background cannot be construed to be on all fours with the present situation in Manipur.”
During the proceedings, the SC noted that on February 29, 2024, the ECI issued a scheme that allows IDPs within Manipur to cast votes at ‘Transitory Camps’. It further observed that the petitioner’s plea seeking directions for IDPs outside Manipur came very late and said that “Mr. Ankit Aggarwal appearing for ECI submits that quite apart from the bar contained in Article 329 of the Constitution, in the present case, it is too late in the day for the ECI to consider making arrangements for the nature sought by the petitioner. Learned Counsel submits that elections to the Constituency of the state of Manipur are to take place on 19th April and 26th April. It is submitted that Petitioners were aware of the scheme of voting at transit camps, which was notified on February 29, the petition is filed on the verge of ensuing elections.” After hearing the matter, the SC bench declined to entertain a petition seeking voting facilities for around 18,000 IDPs in the upcoming Lok Sabha elections.
