The Kerala High Court on Friday sought specific instructions from the Election Commission (EC) on whether voters on election duty who had not yet been issued postal ballots could be allowed to cast their votes before the commencement of vote counting.
Justice P. Krishna Kumar issued the directive and adjourned the petitions filed by Kerala NGO Union, Joint Council of State Service Organisation, and certain state government employees who were on election duty to April 28. The main grievance of the petitioners is that many of them were assigned official duties at polling stations outside their respective constituencies and were not provided with postal ballot papers, thereby depriving them of the opportunity to cast their votes in the assembly election. They further sought a directive allowing them to vote by postal ballot before the counting day on May 4.
However, countering the allegations, the EC submitted a statement asserting that any interference with the election process at this stage would compromise the integrity, secrecy, and sanctity of the process.
During the hearing on Friday, the petitioners referred to Rule 27 of the Conduct of Election Rules, 1961, which, according to them, permits the returning officer to allow voters on election duty to exercise their franchise through postal votes before the hour fixed for the commencement of counting of votes. Accordingly, the High Court directed the EC's standing counsel to obtain instructions on the submission.
Additionally, the petitioners sought an inquiry into the administrative and logistical lapses that led to the non-issuance of postal ballot papers to eligible voters on election duty, and the fixing of responsibility for the same. They also sought a direction to the EC to formulate and implement a robust mechanism to ensure that officers on election duty are not deprived of their right to vote in future elections due to administrative or logistical failures.
