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The Madras High Court has ordered the inclusion of a man’s name in the voter list and held that non-inclusion results in breach of Fundamental Rights guaranteed under the Constitution. 

The Court was hearing a petition filed by one E Sukumar who alleged that he changed his residence and hence had applied for deletion of his name from previous voter list and addition to the list in his present place of residence. However, the same was not done, affecting his right to cast a vote - hence the petitioner had approached the Court for redressal. 

Justice S.M. Subramaniam observed that, 

"...the electoral roll must be prepared before elections. All applications submitted for inclusion, deletion and transfer must be considered before the last date notified. In the event of any failure on the part of the Authorities, the same should not result in denial of exercise of the right of a voter, wherein he ordinarily resides."

Thus, the Court ordered the inclusion of petitioner's name in the electoral roll within a period of 24 hours. 

The Court further observed,

"The inaction of the authorities competent should not affect the Fundamental Right of a citizen to cast his vote within his territorial jurisdiction where the voter resides. The non-consideration of the application filed by the petitioner wold result denial of an opportunity even to contest in the elections. Thus, the infringement of Right in this regard is in violation of Fundamental Rights ensured under Part-III of the Constitution of India and therefore, the non-consideration of the application submitted by the writ petitioner within a reasonable period of time is a clear lapse, negligence and dereliction of duty on the part of the Authorities who are responsible to finalise the applications within the final date notified."

Cause Title: E. Sukumar vs The Commissioner, Salen Corporation, Salem & Ors.