Inmates Of Mental Health Rehabilitation Centre Can Participate In 2025 General Elections Unless Declared Unsound By Court: Kerala High Court Dismisses Plea For Separate Voting Process
Isabella Mariam
The High Court of Kerala Single Bench of Justice P.V. Kunhikrishnan held that inmates of a mental health rehabilitation centre remain entitled to participate in the 2025 general elections, declining a plea seeking to isolate their votes or treat them as incapable of exercising free choice . The Court rejected the contention that such individuals lack the ability to vote of their own will, noting that no evidence established mental illness or any legal declaration of unsoundness of mind. Observing that a court cannot assume incapacity or classify the residents as mentally challenged without proof, the Bench affirmed that their names lawfully stand on the electoral roll and refused to direct any separate voting process.
The petitioners, residents of Ward No. 7 of Pala Municipality, examined the draft voters’ list and noticed that around 60 individuals were included from a single building numbered 6/141, which houses a rehabilitation centre for persons with mental disabilities. They asserted that voters listed from Serial Nos. 349 to 358 and 360 to 407 in the final electoral roll were inmates of this centre and allegedly unable to cast their votes according to their will. The petitioners approached the Election Registration Officer seeking deletion of these entries. Following an enquiry, only one name was removed on the ground of death, while the remaining entries continued in the electoral roll.
After publication of the final voters’ list, the petitioners submitted representations to the District Collector and the Joint Director of the Rural Development Department requesting removal of these voters’ names. They claimed the individuals were not permanent residents of the stated building and were undergoing treatment for mental challenges. No documents were submitted to establish mental illness, nor were the individuals or the rehabilitation centre made parties.
The petitioners relied on the Mental Health Care Act, 2017, and argued that the concerned persons fell within its definition of mental illness. The statutory provision governing electoral disqualification referred to was Section 74 of the Kerala Municipality Act, 1994.
The Court recorded that the petition was premised on an unsubstantiated claim that certain voters residing in a rehabilitation centre were incapable of exercising their voting rights. It stated that “No documents are produced to show that they are mentally challenged or have a mental illness.” The Court observed that the affected individuals were not impleaded either personally or through a representative, noting that “the alleged mentally ill persons are not parties either personally or through a fit person in this Writ Petition.” It added that the institution in which they resided was also not made a party, recording that “‘Mariya Sadhanam Rehabilitation Centre’ has not been made a party in this Writ Petition.”
Addressing the petitioners’ allegations about the mental state of the voters, the Court stated that “this Court cannot presume that they are mentally challenged persons or suffering from mental illness,” and recorded that such an approach would be “an insult to them if this Court proceeds like that, especially when they are not a party in this Writ Petition.” The Court also noted broader concerns regarding stigma, observing that “labelling a person as ‘mentally ill’ creates social stigma and various forms of discrimination.”
The Court examined statutory provisions governing electoral disqualification and stated that “Section 74 of the Kerala Municipality Act, 1994 deals with disqualifications for registration in the electoral roll.” It quoted the key requirement, noting that “Section 74(1)(b) says that a person shall be disqualified for registration in an electoral roll if he is of unsound mind and stands so declared by a competent court.” It then recorded that “There is absolutely no case to the petitioners that Serial Nos. 349 to 358 and 360 to 407 in the Ext.P1 voters list are persons of unsound mind and stand so declared by a competent court.”
The Court further stated that “Even if it is assumed that they have some mental ailments, that alone will not disqualify them for registration in an electoral roll.” It added that “In a democratic process, it is necessary that ineligible persons are not included in the electoral roll. That does not mean that anyone can declare a person to be of unsound mind and approach this Court with a prayer to exclude them from the regular voters and to place them in a separate class.”
The Court also addressed broader reflections on mental health, stating that “Mental illness is not a sin. It can happen to anyone.” It recorded that “All of us, in one way or another, have experienced mental disturbance,” and described various human conditions as “more dangerous than the mental illness defined in Section 2(s) of the Act 2017.” It concluded that “We have to take care of those people.”
The Court stated: “We should help them open the dark door by holding their hand tightly and leading them to the light of the festival. The petitioners should be part of that, rather than denying them their valuable right to vote. They are human beings, and they are our brothers and sisters. Therefore, there is absolutely no merit in this Writ Petition. Accordingly, this Writ Petition is dismissed.”
Advocates Representing the Parties
For the Petitioners: Sri. Joseph T. John, Advocate.
For the Respondents: Shri. Deepu Lal Mohan, Standing Counsel, State Election Commission, Kerala; Smt. Deepa K R, Special Government Pleader.
Case Title: Jomon Jacob & Another v. State Election Commission & Others
Neutral Citation: 2025: KER:87325
Case Number: W.P.(C) No. 42170 of 2025
Bench: Justice P.V. Kunhikrishnan
