The Manipur High Court division bench comprising Chief Justice Sanjay Kumar and Justice MV Muralidaran has directed the authorities concerned for verification of the date of birth of all young voters in 33-Heirok constituency, in the age group of 18 years. The young voters are to produce two documents as proof of their date of birth.
Two documents as proof of the date of birth may be a passport, a birth certificate, a Class-10 certificate, an Aadhaar Card, an Election Identity Card, or any other authenticated document certifying the date of birth or age, the court directed.
The authorities are further directed to set up separate verification counters for such young people so that no inconvenience is caused to other voters who face no such issue, being of older age. The authorities should also be mindful and ensure that no eligible voter is turned away and the exercise of verification is carried out in right earnest and in true and proper spirit.
The court issued the direction following the writ petition filed in public interest, raised in relation to the impending Legislative Assembly Elections scheduled to be held on March 5, in so far as Heirok assembly constituency (33), several underaged persons have been included in the revised electoral roll.
The HC on perusal of the record observed that it was not only the petitioners who raised the issue. Booth Level Officers of the Election Commission also raised the matter. Letters addressed by the Booth Level Officers of 33/21 PS, 33/23 PS and 33/24 polling stations are placed on record, wherein they gave the details of 16 alleged minors whose names were included in the Revised Electoral Roll.
“It may well be possible that there are others also who are underaged and ineligible to vote but have been included in the Revised Electoral Roll,” stated the HC.
The Election Notification issued on January 8, 2022 declared that the elections in Manipur would be held in two phases. The first phase of the elections was held on February 28 and the second phase is to be held on March 5.
The Final Electoral Roll was published by the Election Commission on January 5, 2022 but it is an admitted fact that a revision was undertaken thereafter and the Revised Electoral Roll was published on February 11, 2022. It is an admitted position that time was not available for entertaining any objections in relation thereto as the last date for making nominations was also February 11, 2022.
The court observed that the costly and time-consuming exercise of holding the election in the constituency, at the expense of the public exchequer and involving time, labour and resources, would be an exercise in futility, if it is permitted to proceed unchecked on the strength of the Revised Electoral Roll, which may include names of minors, a possibility that is admitted by the Election authorities.
Therefore, the HC directed certain remedial measures to be adopted in the constituency by the Election authorities so that the risk is reduced to some extent. The directions of the court would not interdict or interfere with the election process and would only aid and facilitate its flow, so that the apparent risk of the election itself being rendered an exercise in futility is cut down to some extent. Such directions would also not transgress the limitations imposed by Article 329 (b) of the Constitution, the court stated.
The HC also directed that authorities should cause wide publicity of the order so that all young persons, who appear to be around the age of majority, 18 years of age, would bring two such documents in proof of their date of birth.
