Encroachers can't be prevented from voting: HC

When the plea came up for hearing before a division bench comprising Justice S Manikumar and Justice Subramonium Prasad, the judges conceded with the submissions made by the Election Commission of India (ECI) that voting was a statutory right and none can interfere with it. The bench then ordered the modification of the order as the EC sought.

The order directing removal of names from the voters list has its origin in a public interest litigation heard by the Madurai bench of the Madras High Court. The plea sought stringent action against those encroaching waterbodies.

Passing orders on this plea, a division bench comprising Justice K K Sasidharan and Justice P D Audikesavalu, referred to the 2017 report of the Comptroller and Auditor General of India that the system envisaged under the Tamil Nadu Protection of Tanks and Eviction of Encroachments (TNPTEE) Act had failed to protect water bodies, and directed the Chief Electoral Officer to issue a circular to the effect that "No persons who encroach on waterbodies shall henceforth be included in the voters list."

The bench had then also directed Tangedco to ensure that the encroachers were not provided utility connections, and also asked the district collectors to send the list of encroachers to implement their direction.

However, with all pleas related to elections being posted before the bench led by Justice Manikumar, ECI's counsel Niranjan Rajagopalan stressed that voting was a statutory right that originates from the Constitution, and sought to modify the order.