Court Dismisses Plea Allowing Voting Rights for Petitioner in Judicial Custody During Tamil Nadu Assembly Elections 2026
In a landmark ruling, the Madras High Court dismissed a petition filed by Hari Nadar, who sought permission to vote in the upcoming Tamil Nadu Assembly Elections of 2026 while being held in judicial custody. The court, consisting of Chief Justice Mr. Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan, ruled on April 22, 2026, that the statutory prohibition under Section 62(5) of the Representation of People Act, 1951, precludes individuals in judicial custody from exercising their voting rights.
Hari Nadar, currently detained in Central Prison, Puzhal, had argued that he was a victim of politically motivated charges and sought the court's intervention to allow him to vote through postal ballot or in person. His plea cited an alleged infringement of his voting rights after being informed on April 15, 2026, that he could not participate in the elections.
The court’s decision centered around the interpretation of Section 62(5) of the Representation of People Act, which clearly states that those in prison or lawful custody, except for individuals under preventive detention, are not allowed to vote. While the petitioner claimed preventive detention, the court noted multiple pending criminal cases against him, including charges under various sections of the Bharatiya Nyaya Sanhita (BNS).
The court further referenced past Supreme Court judgments, including "Anukul Chandra Pradhan v. Union of India" and "Mahendra Kumar Shastri v. Union of India", which upheld the constitutional validity of Section 62(5). The judgment reiterated that voting is a statutory right, not a civil right, and is subject to the limitations imposed by law.
Additionally, the court highlighted a precedent set by the Madurai Bench of the Madras High Court that provided guidelines for facilitating voting rights for those under preventive detention, explicitly excluding those in judicial custody or convicted prisoners.
Ultimately, the court concluded that the statutory framework does not permit the petitioner, who is embroiled in ongoing legal proceedings and held under judicial custody, to exercise voting rights. The writ petition was dismissed, reinforcing the legal boundaries surrounding electoral participation for detainees in judicial custody.
Bottom Line:
Statutory right to vote - Persons in lawful custody, including those under judicial custody, are prohibited from voting as per Section 62(5) of the Representation of People Act, 1951. However, this prohibition does not apply to persons under preventive detention.
Statutory provision(s): Section 62(5) of the Representation of People Act, 1951
Hari Nadar v. Election Commission of India, (Madras)(DB) : Law Finder Doc id # 2887172
