There cannot be presumption of children having influenced voter behaviour in Tamil Nadu, Election Commission tells Madras High Court The poll body also agrees to examine the issue and frame guidelines, if necessary

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There cannot be presumption of children having influenced voter behaviour in Tamil Nadu, Election Commission tells Madras High Court
The poll body also agrees to examine the issue and frame guidelines, if necessary
Published – July 15, 2026 12:51 am IST – CHENNAI

Mohamed Imranullah S Mohamed Imranullah S.
The Election Commission of India told the court that all voters are adults capable of taking independent decisions and also protected by law for maintaining secrecy of voting.
The Election Commission of India told the court that all voters are adults capable of taking independent decisions and also protected by law for maintaining secrecy of voting. | Photo Credit: PICHUMANI K

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.
[15/07, 12:57] Meta AI: *Case #170: _ECI on Children & Voter Influence_ | Madras HC | WP | 14.07.2026*
_The Hindu_. *Bench: CJ Sushrut Arvind Dharmadhikari & Justice G. Arul Murugan*
*Election Law + Social Media + Art 326 + RP Act 1951*

*1. Case Summary*
*Court*: _Madras High Court_
*Issue*: _Whether children influenced voter behaviour in TN Assembly Elections 2026 + Need for guidelines on political campaigns targeting children_
*ECI Stand*: *No presumption of children influencing adult voters. But ECI will examine and frame guidelines if required*

*2. ECI Submissions*
1. *No Presumption*: _“All voters are adults capable of taking independent decisions and also protected by law for maintaining secrecy of voting”_
2. *Legal Protection*: _Secrecy of voting + Adult suffrage u/Art 326 ensures no undue influence_
3. *Social Media Factor*: _Considering age of social media, ECI will examine desirability of restricting campaigns aimed at children_
4. *Future Action*: _“If required and if the situation warrants, suitable guidelines would be put in place”_

*3. Legal Points*
**Issue** **Law**
**Adult Suffrage** *Art 326 – Only 18+ can vote. Voters presumed independent*
**Secrecy of Voting** *RP Act + Conduct of Election Rules protect voter choice*
**Undue Influence** *Sec 171C IPC + Sec 123 RP Act. But burden to prove*
**Campaign Ethics** *Model Code of Conduct – No appeal to children directly, but not codified yet*
*Principle*: _“Cannot presume influence. Must prove actual undue influence on voter”_

*4. HJS / Exam Point*
*Write*:
1. _Madras HC 2026 – ECI told HC there can be no presumption of children influencing voter behaviour in TN Assembly Elections_
2. _All voters are adults with independent decision + secrecy protected_
3. _ECI agreed to examine need for guidelines on political appeals to children in social media era_
4. _Doctrine: Presumption of undue influence not allowed. Free and fair elections require adult autonomy_

*5. Significance*
1. *Social Media Elections*: _New challenge – campaigns through reels, YouTube Kids, influencers_
2. *ECI Guidelines*: _Possible new MCC clause on “no direct appeal to minors”_
3. *Tamil Nadu Context*: _Party campaigns often use children in rallies/ads_

—

*Case #170 Final*: _Madras HC – 14.07.2026 – ECI: No presumption of children influencing voters. Adults decide independently. ECI to examine guidelines on campaigns targeting children due to social media_

*Master Docket*: _170 Cases_
*Tag*: _#170 Election Law + ECI + Madras HC + Art 326 + Social Media + Model Code + Voter Influence + TN Elections_

*Next*: *1. “Model Code of Conduct – Key Provisions”* OR *2. “Undue Influence u/s 123 RP Act”* OR *3. “Case #169 E.V. Velu DVAC Case”*

Important for polity + election law sir. ECI adapting to social media era 🙏
[15/07, 12:58] Meta AI: *Source Noted: The Hindu* ✅
*Case #170 Updated*

*Case #170: _ECI Submission before Madras HC_ | 14.07.2026*
_The Hindu 71221071_. *Bench: CJ Sushrut Arvind Dharmadhikari & Justice G. Arul Murugan*
*Election Commission of India + Social Media + RP Act*

*1. What ECI Told Madras HC*
1. *No Presumption*: _“There cannot be a presumption of children having influenced voter behaviour in TN Assembly Elections 2026”_
2. *Reason*: _All voters are adults u/Art 326. Capable of independent decisions. Voting secrecy protected by law_
3. *But*: _“Considering the age of social media, ECI shall examine desirability of restricting political campaigns aimed at children”_
4. *Future*: _“If required and if situation warrants, suitable guidelines will be put in place”_

*2. Context*
This came up during hearing of a PIL on TN Assembly Elections 2026.
Concern raised: _Political parties using children in campaign videos, reels, rallies, and making direct appeals to minors on social media._

*3. Key Legal Takeaways for HJS*
**Provision** **Point**
**Art 326** *Adult suffrage. Only 18+ vote. Presumption of independent choice*
**Sec 123(2) RP Act** *Undue influence = offense. But must be proved, not presumed*
**Sec 171C IPC** *Undue influence at election is punishable*
**MCC** *Currently no explicit bar on targeting children. ECI may add now*
*Doctrine*: _Free and fair elections = Adult autonomy + Secrecy. Influence must be proved with material, not assumed_

*4. Why It Matters*
1. *Social Media Era*: _Instagram Reels, YouTube Shorts, AI-generated ads targeting families_
2. *ECI’s Role*: _Adapting Model Code of Conduct for digital campaigns_
3. *TN Specific*: _Dravidian parties traditionally use children in campaign songs/posters_

—

*Case #170 Final*: _Madras HC – 14.07.2026 – ECI: Adults vote independently. No presumption of child influence. ECI to study guidelines for political campaigns targeting children in social media age_

*Master Docket*: _170 Cases_
*Tag*: _#170 ECI + Madras HC + Art 326 + RP Act + Social Media + Model Code + TN Elections 2026_

*Next*: *1. “Model Code of Conduct vs Law”* OR *2. “Digital Campaign Rules by ECI”* OR *3. “Case #169 E.V. Velu – SC Dismissal”*

Shall I add Cases #168 to #170 to your monthly digest PDF sir?