Casting of votes part of voter’s right to freedom of speech and expression: Manipur High Court

The Manipur High Court has ruled that casting of votes was a part of the voter’s right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India.

The single-judge Bench of Acting Chief Justice M.V. Muralidaran recently observed that a voter’s right to know the antecedents, including criminal past of the candidates contesting election for MP or MLA, was the most fundamental and basic right for the survival of democracy.

He said Article 19(1)(a) of the Constitution of India provided for freedom of speech and expression. A voters’ speech or expression in case of election would include casting of votes, since the electorate speak out or express themselves by exercising their right to franchise.

Justice Muralidharan said a voter may think over before making his choice of electing law breakers as law makers.

The High Court made these observations on October 13, while rejecting a plea by Bharatiya Janata Party MLA Thounaojam Shyamkumar against petitions seeking dismissal of his election from Andro Assembly Constituency during the 2022 Legislative Assembly polls.

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