The Madras High Court, in a significant verdict, has emphasized the fundamental right to campaign as it addressed a case where supporters of a BJP candidate were obstructed from entering a village during the 2014 Parliamentary elections in Thanjavur. Justice G R Swaminathan, while delivering the ruling, drew parallels to a scene from the recent Tamil movie "Maamannan," where popular comedian Vadivelu's character, contesting in an MLA election, faces a similar situation. The court dismissed a petition by Habeeb Mohamed, who sought compensation for alleged property damage by the BJP candidate's supporters.
The case centred around the contention that supporters of the BJP candidate, known as Karuppu alias Muruganantham, were prevented from campaigning in Mallipattinam village, leading to violence and property damage. Justice Swaminathan's verdict highlighted the crucial nature of the right to campaign, stating, "Right to vote may only be a statutory right. But, the right to seek votes is a fundamental right. Because democracy is a basic feature of the Constitution." He noted that seeking votes is integral to democracy and emphasized the importance of unobstructed campaigning for the electoral process.
The court's ruling resonated with the fact that democracy thrives on effective campaigning, and any disruption thereof undermines the essence of free and fair elections. The judge stressed that disturbances during campaigns constitute an electoral offence, reflecting the importance of preserving the democratic process.
Justice Swaminathan acknowledged the occurrence of violent incidents during the 2014 elections but noted that the question of awarding compensation for damages needed to be examined through factual scrutiny. While the court could not delve into the specifics, the judge indicated that the criminal courts had jurisdiction over such matters and were competent to address compensation claims.
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