Can’t mandate proof to avail poll day off: HC

CHENNAI: The Madras High Court (HC) has refused to direct the State and Election Commission of India (ECI) to mandate employees to submit necessary proof of voting to the employers to avail paid holiday on poll day, observing that the court cannot force anyone to cast their vote.

The first division bench comprising Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy heard a PIL filed by B Ramkumar Adityan from Thoothukudi seeking to direct the State and ECI to ensure that all the employees are casting their votes on poll day.

The counsel for the petitioner contended that a specific amendment to the Representation of People Act by adding section 135-B grants paid holiday to employees working in various establishments on the poll day to cast their vote.

On October 10, 2001, the State also announced guidelines for closing the Union government and State government offices, apart from private establishments including industrial units on poll day.

Despite framing the guidelines offering holiday to cast a vote, the petitioner contended, almost all urban and semi-urban regions have recorded low polling in the State.

As per the ECI data, during the 2016 and 2021 Tamil Nadu Legislative Assembly elections the poll percentage of most of the assembly constituencies in and around Chennai recorded lower than 65 per cent, submitted the petitioner.

Granting paid holiday on the poll day is necessary for exercising the right to vote, being granted under section 135 B of the Representation of People Act, should be provided with a rider said the petitioner. The petitioner pleaded with the HC to order all offices and establishments to insist on proof from their employees to ensure that the statutory benefit is not misused.

However, the bench refused to direct as requested in the petition and disposed of the case.