The Kerala High Court on Tuesday orally observed that if the allegation that 20,000 voters on election duty had not been issued postal ballots by the Election Commission (EC) to cast their votes was true, it would be a very unfortunate incident.
Court's Observations on Electoral Rights
The High Court further observed that, as a constitutional machinery, the EC has to ensure that every person who has the right to vote is able to exercise their franchise. If a contingency arises, the EC has to rise to the occasion. It is for the commission to provide the necessary voting facilities to all eligible citizens of India, the bench of Justice K V Jayakumar said.
Background of the Petitions
The High Court was considering a batch of petitions by Kerala NGO Union, Joint Council of State Service Organisation, and certain state government employees who were deployed for election duty in the recent assembly polls. Their main grievance was that many of them were assigned official duties at polling stations outside their respective constituencies and were not provided with postal ballot papers.
"Reportedly, 20,000 voters on duty were denied their votes. Who will provide voting facilities to voters on election duty? They are working for Election Commission. Instead of taking the stand that nothing can be done before the counting of votes, the commission has to give them an opportunity to cast their votes. Why are you so adamant?" the High Court orally asked.
In reply, the EC's standing counsel submitted that the applications for postal ballots were either rejected as defective or had not been received by them.
Previous Hearing and Rule 27
During the previous hearing, the High Court had asked the EC to clarify whether those who were not issued postal ballots could be allowed to cast their votes before counting day. The High Court raised this query based on the petitioners' submission that Rule 27 of the Conduct of Election Rules, 1961, permits the returning officer to allow voters on election duty to exercise their franchise through postal votes before the hour fixed for start of counting.
EC's Additional Statement
On Tuesday, the EC filed an additional statement stating that Rule 27 was no longer applicable, as evident from the non-obstante clause inserted as Rule 18A in 2023, which statutorily mandates that voters on election duty can cast their votes through a postal ballot only at the voter facilitation centre set up by the EC. The commission further stated that all postal ballots, both polled and unpolled, had been duly accounted for, sealed, and secured in designated postal ballot strong rooms, which would remain sealed and inviolate until the commencement of counting at 8 am on May 4. It also submitted that any attempt to reopen or alter the status of the postal ballots prior to counting would compromise the integrity, secrecy and sanctity of the electoral process.
Accordingly, the High Court adjourned the petitions for orders.
