How to claim Electoral Rights Compensation

Recently, the opposition party in Uttar Pradesh(UP) claimed that the police have been checking the identity of Muslim women wearing the burka and barring them from voting. These incidents usually happen when the electoral staff are biased. These incidents compromise basic constitutional rights. The right to vote is a constitutional right. One may question whether the electoral staff are based in India. We cannot be sure about this unless we have substantial proof. However, the biases of an individual cannot be denied. As John Lock said humans are nasty, every human has his own choices. 

Anyone barred from voting rights may claim compensation from the government through court. Someone who has lost his voting rights because the polling officer refuses to recognise you as the person mentioned on your identity card may approach a court and claim compensation. In 1985, the Supreme Court awarded Bhim Singh 5,000 rupees. 

All you have to do is collect evidence and present it before the court. A video recording of the incident is also good evidence. You may ask an advocate to lodge a suit, or you may file a suit yourself. Evidence is submitted as an attachment to the complaint. A court in India will issue a notice to the government based on your statement. 

Thereafter, you have to attend the proceedings either by yourself or through your advocate. You need to convince the court that you were physically present at the polling booth at the time of the election and have valid identity proof to cast the vote. If the court finds that your statements are true and there is a breach of constitutional rights, you will get compensation against your rights. 

Lokdeep Mourya

I have been practising advocacy since 2019. I have spent over 11 years studying law. My practice areas are family law, service matters, land disputes and commercial laws.

Post a Comment

Thank you for approaching me.

Previous Post Next Post