The Madras High Court has dismissed a Public Interest Litigation (PIL) that sought to compel employers in Tamil Nadu to demand proof of voting from their employees on polling day, which is designated as a holiday. The court questioned the notion of compelling individuals to vote, emphasizing that while voting is a civic duty, it cannot be enforced by law.

Chief Justice Sanjay Vijaykumar Gangapurwala and Justice D Bharatha presided over the case, remarking, “How can anyone compel a person to vote? It is their duty but they are not bound by any law to compulsorily cast their votes.” This dismissal came in response to a petitioner’s argument that Section 135B of the Representation of People Act, 1951 was intended to ensure that individuals wouldn’t miss voting due to work obligations.

The petitioner raised concerns about low voter turnout in urban and semi-urban areas, attributing it to various factors such as heat, lack of strong candidates, and inaccuracies in the voter list. The PIL stressed the necessity of increasing the poll percentage and suggested that many workers, despite establishments being closed on election day, choose relaxation over voting.

However, the court deemed the plea “fanciful,” asserting that there is no legal basis for issuing such an order. The petitioner referenced a Supreme Court ruling that categorized the right to vote as a statutory rather than a fundamental right. According to the PIL, employees should furnish necessary documentation to their employers to avail paid time off for voting.