Introduction:
On February 8, 2025, the Supreme Court of India dismissed a Public Interest Litigation (PIL) filed by Arnab Kumar Mullick against the Union of India. The PIL challenged the provisions in the electoral manual that allow students studying outside their home constituencies to transfer their names to the electoral rolls of their place of education. The bench, comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, heard the matter.
Arguments:
Petitioner’s Argument:
Counsel for the petitioner, P.K. Mullick, contended that permitting students to transfer their electoral enrollment to their place of study might compromise the ‘meaningful expression of opinion’ by voters. He argued that a student from a different state, for instance, Uttar Pradesh studying in Telangana, would be disconnected from the local political discourse, unfamiliar with regional issues, and possibly not proficient in the local language. Mullick emphasized that such students, being temporary residents, might not be concerned with the long-term development of the area.
Respondent’s Argument:
The bench highlighted that, according to the Manual of Electoral Rolls, students residing as tenants at their place of study have the option to register as electors either at their native places with their parents/guardians or at their current residence, such as a hostel or rented accommodation. Justice Sanjay Kumar noted that students studying outside their resident constituency have two options: either travel back to their enrolled constituency to vote or transfer their electoral enrollment to their place of study. The Chief Justice added that disallowing students from voting in their place of study could adversely affect voter turnout. He also mentioned that even judges, including Justice Kumar, often travel to their hometowns to cast their votes, as the postal ballot system is reserved for specific categories like defense personnel and the elderly. The court also declined the petitioner’s suggestion to adopt the ‘Electronically Transmissible Postal Ballots’ used for overseas NRIs.
Court’s Judgment:
After considering the arguments, the Supreme Court dismissed the PIL. The bench recorded: “In view of the manual of electoral rolls, document in addition to clause 13.6.1.3, we are not inclined to proceed further with the present writ petition and the same is dismissed.” Clause 13.6.1.3 of the Manual of Electoral Rolls states that students residing at their place of study have the option to register as electors either at their native places or at their current residence. Applications for transfer of registration can be approved only if the courses pursued are from recognized universities.