There cannot be presumption of children having influenced voter behaviour in Tamil Nadu, Election Commission tells Madras High Court

There cannot be a presumption of children having influenced voter behaviour during this year’s Legislative Assembly elections in Tamil Nadu since all voters are adults capable of taking independent decisions and also protected by law for maintaining secrecy of voting, the Election Commission of India (ECI) told the Madras High Court on Tuesday (July 14, 2026).

Nevertheless, considering the age of social media, the Commission shall examine the desirability of imposing restrictions on political campaigns aimed towards making appeals to children and “if required and if the situation warrants,” suitable guidelines would be put in place, the ECI told the first Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan.

The submissions were made in a counter affidavit filed by Chief Electoral Officer (CEO) Archana Patnaik in response to a public interest litigation petition which sought an inquiry by the ECI into Chief Minister C. Joseph Vijay having made an appeal to the children in the State to persuade the adults in their families to vote for his Tamilaga Vettri Kazhagam (TVK) party during the elections.

ECI counsel Niranjan Rajagopalan said: “On the petitioner’s contention that an appeal should not be made to children asking them to prevail upon the adults to vote in favour of a particular party, my first submission is that the voters are adults. They decide for themselves. They are also protected by the law for secrecy of voting. However, we will examine the issue and if required, we will issue some guidelines.”

In so far as the PIL petitioner S. Vasuki’s other plea for an inquiry regarding distribution of cash to the voters by Dravida Munnetra Kazhagam (DMK) and All India Anna Dravida Munnetra Kazhagam (AIADMK) was concerned, the ECI counsel said, the Commission had taken preventive measures and seized ₹599.24 crore through 2,283 flying squads and 2,221 Static Surveillance Teams in the State during this year’s elections.

The court was also told that distribution of cash for votes was an offence punishable under the Bharatiya Nyaya Sanhita (BNS) and electoral corrupt practice was a ground for setting aside the election of individual candidates by way of election petitions. “Therefore, any remedial action in this regard could be sought only within the confines of the existing statutory framework and not in derogation thereof,” the counsel said.

After hearing him and taking the counter affidavit on file, the judges adjourned the PIL petition by a week.