The Kerala High Court on Thursday declined to issue a direction to the Election Commission of India (EC) to allow voters on election duty who had not received postal ballots to cast their votes before the counting scheduled for May 4.
Court's Decision
A bench of Justice K V Jayakumar issued the order in petitions filed by Kerala NGO Union, Joint Council of State Service Organisations, and others. The court accepted the EC's contention that judicial interference at the final stage of the election process would adversely affect the fairness and sanctity of the electoral process.
Petitioners' Grievances
The petitioners' main grievance was that many of them had been assigned official duties at polling stations outside their respective constituencies and were not provided with postal ballot papers. This allegedly deprived around 20,411 voters on election duty of the opportunity to cast their votes. They also referred to Rule 27 of the Conduct of Election Rules, 1961, which, according to them, permits the returning officer to allow such voters to exercise their franchise through postal ballots before the commencement of counting.
EC's Submission
Opposing the petitions, the EC submitted that the appropriate remedy available to the petitioners was to file an election petition after the completion of the election process. It further pointed out that the election process was nearing completion, with counting scheduled for May 4, and that any interference at this stage would disrupt the entire schedule. The EC denied allegations of non-supply or delayed supply of postal ballot papers, calling them false and incorrect. It also noted that although the petitioners claimed that more than 20,411 officers deputed for election duty were unable to cast their votes, they had failed to furnish the names and other details of the affected individuals. The commission further submitted that reopening the strong rooms where the EVMs and postal ballots are kept, or accessing or altering the status of postal ballots prior to counting, would directly compromise the sanctity, secrecy and irrevocability of the electoral process.
Court's Observation
Accepting these submissions, the High Court observed that the relief sought by the petitioners was not warranted. The court emphasized that interfering at this stage could undermine the integrity of the election process.
