CHENNAI: “While every citizen has a duty to vote during elections, the court cannot compel them to cast their votes on polling day,” Madras high court has said.
The first bench of Chief Justice Sanjay Vijaykumar Gangapurwala and Justice D Bharatha Chakravarthy made the observations while refusing to direct Union govt and ECI to make it mandatory for employees to show proof of voting to avail themselves of paid holiday on polling day. “This is a fanciful issue and there is no law that enables the court to pass such an order,” the bench added.
In his petition, B Ramkumar Adityan said grant of paid holiday on poll day is necessary for exercising right to vote. Right of employees to be granted paid holiday on election day is provided under section 135B of Representation of People Act. “Any transgression committed by employers with regard to election and grant of paid holiday is subject to penalty under the Act. At the same time there is no mechanism to check whether the employee exercises their franchise,” he said.
“SC has held that right to vote is not a fundamental right but just a statutory right. Therefore, to ensure voting, employees have to show necessary proof for exercising franchise to the establishment to avail paid holiday,” he said.
Refusing any relief, the bench disposed of the plea filed as a public interest writ petition.
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