Kochi: The Kerala High Court on Friday directed the State Chief Electoral Officer to ensure that all disabled persons including the mentally challenged who were not disqualified otherwise, were enrolled in the voters list.
The court made it clear that all those who have not been declared mentally unsound by a court after a detailed examination are eligible. A Division Bench comprising Justice Abraham K Mathew and Justice P B Suresh Kumar asked the Electoral Officer to accept applications submitted by persons 10 days before the withdrawal of nomination papers should be considered.
The court issued the directive while considering a petition filed by Nazar Manayil of Panayikulam, the secretary of Kerala Vikalanga Samyuktha Sabha. The court directed the electoral officer to consider the representation by Nazar on utmost priority. It also asked the authorities to ensure registration of all disabled the persons who are not disqualified under the provisions of the Representation of People Act.
Section 16 of the Representation of People Act disqualifies the registration of persons of unsound mind as declared by a competent court. The petitioner submitted that there were about 7.6 lakh persons with disability in the state, according to the disability census of 2011 and of these 81.8 percent are men. “Persons with disabilities have the right to vote as long as they are not declared mentally unsound by a court after detailed examination,”' the petitioner submitted.
