In a recent judicial decision, the Supreme Court of India declined to entertain a petition seeking special voting arrangements for approximately 18,000 Internally Displaced Persons (IDPs) who were displaced from Manipur due to ethnic clashes. The petition aimed to enable these individuals to cast their votes in their home constituency during the upcoming Lok Sabha General Elections scheduled for April 19 and 26.
The bench, led by Chief Justice of India DY Chandrachud along with Justices JB Pardiwala and Manoj Misra, reasoned that it would not be feasible to direct the Election Commission of India (ECI) to make accommodations for the IDPs located in nearby areas such as Shillong, Kolkata, Guwahati, and others, merely three days before the commencement of the General Elections in Manipur.
The Court emphasized that while the petition raised broader policy issues regarding the conduct of elections, the ECI holds constitutional authority and supervision over such matters. Any interference by the court at this juncture, particularly on such short notice, would pose substantial impediments to the conduct of the elections in Manipur.
Notably, the ECI had previously issued a scheme on February 29, 2024, for voting of IDPs within Manipur at 'Transitory Camps'. However, the petition seeking directions specifically for IDPs outside of Manipur was deemed belated by the Court, as the petitioners were aware of the scheme formulated in February. The Court rejected the contention that delay in filing the petition should not deny individuals their constitutional right to vote, emphasizing that the petition was filed on the verge of the ensuing elections.
The petitioners relied on provisions related to voting for displaced persons in Jammu and Kashmir (J&K) to argue for similar arrangements in Manipur. However, the Court rejected this argument, highlighting the unique legal circumstances surrounding elections in J&K compared to Manipur.
Despite the rejection of the petition, the Supreme Court's decision underscores the importance of upholding the constitutional right to vote while recognizing the practical challenges involved in implementing special voting arrangements, especially on short notice. As Manipur prepares for the upcoming General Elections in a phased manner, the judiciary's decision reaffirms the role of the Election Commission in ensuring the integrity and fairness of the electoral process.
