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People migrating from their native places cease to residents of that place and they cannot cast vote in elections in that constituency, the Election Commission of India has told the Supreme Court. The EC said a person would not become a voter of his native place just because of owning a house there and migrants must register themselves at the place where they reside. It opposed a PIL seeking a direction to the commission to make arrangements for migrant population so that they could cast votes for election at their native place. "Scheme of the Representation of People Act is that a person can be enrolled only at the place where he is ordinarily resident, the question of any person migrating to a different place from his native place, enrolling himself in the electoral roll of his native place does not arise," the commission said in its affidavit. "Such person has to get himself enrolled in the electoral roll of the new place where he is ordinarily resident and he can then vote in such new place," it said. It said a person who migrates from his/her constituency should get himself/herself enrolled in the electoral roll of the constituency where he/she is ordinarily resident after migration. "A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns or is in possession of a dwelling house therein. The qualification for being resident at a given place is not fulfilled merely because a person owns a house at that place," the affidavit said. The commission, however, said it has set up a committee to study the problem of migrant electors wishing to continue to be registered in their native constituency. The EC filed the response in compliance of a Supreme Court order seeking its response on a PIL filed by an NRI, VP Shamsheer, through his advocate Haris Beeran. The petition was filed for facilitating NRIs to cast their votes online from overseas but, later, the petitioner also raised the issue of migrant voters within the country.
Keywords
Voting, migrant workers, rights, Election Commission, The Representation of the People Act, India
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