Election Commission Rejects Allegations of Postal Ballot Denial in Kerala
The Election Commission of India (ECI) has formally submitted a detailed statement before the Kerala High Court, categorically denying allegations that certain voters assigned to election duty during the state assembly election were not provided with postal ballot papers. The commission emphasized that it has implemented comprehensive and proactive measures to ensure every eligible voter on official duty is fully facilitated in exercising their democratic franchise.
Background of the Legal Petitions
The commission's statement was filed in direct response to multiple petitions submitted by individuals including Muhammed Sinan V P from Vadakara and others. These petitioners were officially designated for election duty during the crucial assembly election held on April 9. In their legal filings, the petitioners raised serious concerns alleging that despite being eligible voters in the Kuttiady assembly constituency, they were assigned official responsibilities at polling stations located outside their respective constituencies. Crucially, they claimed they were not issued postal ballot papers, which they argued effectively deprived them of their fundamental right to cast votes in the election.
Election Commission's Detailed Response
In its comprehensive reply, the Election Commission presented specific counterarguments to the allegations. Regarding petitioner Muhammed Sinan and several others, the commission stated that the returning officer for the Kuttiady assembly constituency had officially reported that no applications in the mandatory Form 12 were received from these individuals. Consequently, following established electoral procedures, postal ballots could not be issued without the requisite formal application.
In another specific case concerning petitioner Shemi Abdulla Chalil of Kozhikode, the commission provided documented evidence that a postal ballot was indeed issued and properly dispatched to the designated voter facilitation center. However, this ballot was subsequently returned because the elector did not appear at the center to complete the voting process within the stipulated timeframe.
Commission's Objection to Proposed Remedies
The Election Commission strongly objected to the petitioners' legal prayer seeking a judicial directive to allow voting by postal ballot before the scheduled counting day on May 4. The commission argued that any judicial interference at this advanced stage of the electoral process would have severe consequences. Specifically, reopening the process, reissuing postal ballots, and reactivating voter facilitation centers would fundamentally compromise the integrity, secrecy, and sanctity of the entire electoral process. The commission maintained that such actions could set dangerous precedents and potentially undermine public confidence in election procedures.
Defense of Electoral Procedures
In its concluding arguments, the Election Commission firmly stated that there had been no administrative lapse, procedural omission, or illegal denial of the petitioners' voting rights. The commission emphasized that all established protocols and guidelines were meticulously followed throughout the election process. The Kerala High Court has subsequently adjourned the petitions to April 24, granting additional time for the petitioners to prepare and file their detailed replies to the Election Commission's comprehensive statement. This legal development occurs against the backdrop of heightened scrutiny of electoral processes and increasing public awareness about voting rights and procedures.
