A foreign national cannot claim the electoral rights reserved by law for citizens merely because his/her name has erroneously or otherwise continued to remain in an electoral roll, the Madurai Bench of the Madras High Court has said.
The court was hearing a petition filed by Jeya Ananthan. The petitioner was born in 1986 in Kuttam in Tirunelveli district. He was an Indian citizen by birth. His father was carrying on a business in Colombo in Sri Lanka. In 2003, his father fell ill and was unable to manage the business by himself. The petitioner proceeded to Colombo to assist him.
In 2005, the petitioner’s father entrusted the entire business to the petitioner and returned to India. The petitioner’s father died in 2014. The petitioner attended his father’s final rites. He got married in 2018 and currently resides in Colombo with his wife and son and has acquired Sri Lankan citizenship.
In April 2026, the petitioner’s mother underwent a surgical procedure. In order to attend to her, the petitioner came to India along with his wife and son. During his stay in India, he came to know that his name continued to find a place in the electoral roll. He cast his vote in the Tamil Nadu Assembly election.
A criminal case was registered against the petitioner. During the course of investigation, his passport, Overseas Citizen of India card and mobile phone were seized. The articles were subsequently returned to him, subject to the condition that he should appear before the competent authority as and when required. The petitioner has filed the petition seeking a direction to the authorities to permit him to travel to Colombo in Sri Lanka.
Justice L. Victoria Gowri said the case presents an unusual situation in which a person claiming Sri Lankan citizenship admittedly exercised the electoral franchise in an election to the Tamil Nadu Legislative Assembly and thereafter seeks an unconditional direction permitting him to leave India.
The freedom to travel beyond the frontiers of a country is an important facet of personal liberty. Nevertheless, such freedom is not absolute and may be regulated by a procedure established by law, particularly when the person concerned is facing a criminal investigation, the court said.
Elections constitute the institutional expression of the sovereignty of the people. The sanctity of an electoral roll and the lawful exercise of the franchise are indispensable to the legitimacy of representative government. A foreign national cannot claim the electoral rights reserved by law for citizens merely because his/her name has erroneously or otherwise continued to remain in an electoral roll, the court said.
Citizenship is not merely a formal entry in a document. It forms the legal bond from which political rights and civic obligations arise. The franchise is among the most solemn of those political rights. Its exercise by a person not qualified under law warrants a fair and effective investigation. At the same time, the investigation must proceed within the bounds of law, respecting the petitioner’s presumption of innocence and personal liberty, the court said and dismissed the petition.
Published – September 05, 2026 08:35 pm IST
