Overview
- Justice P. V. Kunhikrishnan dismissed a petition seeking to segregate or exclude about 60 residents of Mariya Sadhanam from the voters’ list.
- The court relied on Section 74(1)(b) of the Kerala Municipality Act, which requires a judicial declaration of unsoundness for disenfranchisement.
- Referring to Section 4 of the Mental Health Care Act, 2017, the judgment emphasized the presumption of decision-making capacity for persons with mental health conditions.
- The petition was criticized for not impleading the affected residents or the rehabilitation centre, which the court called an injustice to those individuals.
- The ruling clears the way for the listed residents to cast ballots in the upcoming 2025 elections referenced in the case filings.