A Division Bench of the Kerala High Court on Friday directed the State Chief Electoral Officer to take steps to ensure that mentally challenged persons who had not been declared of unsound mind by a competent court, were enrolled in the voters’ list.
The Bench comprising Justice K .Abraham Mathew and Justice P.B.Suresh Kumar issued the directive on a public interest writ petition filed by Navas, secretary, Kerala Vikalanga Samyuktha Sabha. According to him, large sections of the disabled persons were excluded from the voters’ list.
Counsel for the Election Commission submitted that it would be open to the mentally challenged persons who were not otherwise disqualified to file an application for enrolment in the voters’ list .
Section 16 of RPA
As per Section 16 of the Representation of Peoples Act, a mentally ill person could be enrolled in the voters’ list unless he/she was declared of unsound mind by a competent court.
The provisions of the Representation of Act did not allow the hospitals where a mentally challenged patient was undergoing treatment to register his/her names in the electoral roll.
However, they could register as voters where they ordinarily reside.
