The Supreme Court on
March 29th 2014, Friday issued notice to the central government asking why NRIs
who are registered voters should not get the opportunity to exercise their
voting rights in the ongoing general election from wherever they are located.
A bench of Justice KS
Radhakrishnan and Justice Vikramajit Sen issued notice even as Attorney General
GE Vahanvati sought to present the logistic problem that the Election
Commission would face in making arrangements for their voting.
Vahanvati told the
court that under section 20A of the Representation of the People Act (
Amendment), 2010, the registered NRI voters can vote if they are present in the
constituency on the day of polling.
Describing it a “
serious matter” that needed to be dealt with urgency, the court asked
government to respond to the plea as it directed the listing of the matter
April 7.
Appearing for the PIL
petitioner Shamsheer VP, senior counsel Harish Salve told the court that the
first phase of Lok Sabha polling in Kerala was going to be held on April 10 and
matter was of some urgency.
The court was told
that there were 11,000 registered NRI voters living in different parts of the
world.
Dr Shamsheer has contended
that the existing provision under section 20A that mandates the NRI voter to be
physically present in the constituency to exercise his vote was discriminatory
and violative of fundamental rights under article 14 ( Equality before law)
guaranteed under the constitution and sought it be read down.
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