Introduction:

In the case of NAULAK KHAMSUANTHANG vs. ELECTION COMMISSION OF INDIA, a petition was filed seeking voting arrangements for approximately 18,000 internally displaced persons (IDPs) from Manipur, allowing them to cast their votes in their home constituency during the Lok Sabha General Elections. However, the Supreme Court declined to entertain the petition, citing practical constraints and constitutional provisions vested with the Election Commission of India (ECI).

Arguments of Both Sides:

The petitioners argued that the ECI should provide similar arrangements for IDPs outside Manipur as it did for Kashmiri migrants, enabling them to vote in ‘transitory camps’. They emphasized the constitutional right to vote and sought accommodations for the upcoming election phases. Conversely, the ECI contended that it was too late to consider such arrangements, given the proximity to the election dates and the existence of a scheme for voting at ‘Transitory Camps’ within Manipur.

Court’s Judgment:

The Supreme Court, led by CJI DY Chandrachud, reasoned that directing the ECI to make accommodations for IDPs located outside Manipur at this belated stage would interfere with the conduct of the upcoming general elections. It noted the absence of legal circumstances akin to those in Jammu and Kashmir, where special provisions were made for displaced voters. The Court upheld the ECI’s discretion in election management and rejected the plea for parity with Kashmiri migrants.