Madras HC upholds EC order on voting through postal ballot facility

NEW DELHI: The Madras high Court has upheld the postal ballot facility extended by Election Commission to absentee voters including persons above 80 years of age, persons with disabilities, essential services staff and Covid-19 patients/suspects, terming it as an ‘inclusive’ measure introduced by the poll panel in exercise of its plenary powers under Article 324 of the Constitution.
In its ruling on the plea challenging legality of the Section 60 (c) of the Representation of the People Act, 1951 and the corresponding rules extending postal ballot facility to these absentee voters, the high court said “it must be acknowledged that all that the Election Commission has done here is to be inclusive and allow certain classes of persons who would have been excluded from exercising their franchise the right to use the postal ballot and participate in the celebration of the festival of democracy”.
It added that if the process was made inclusive without compromising on secrecy of the ballot or fairness of elections, “it would be a greater cause to celebrate and compliment the conducting body.”
The Court did not find any arbitrariness in the classification of the persons committed by the Rules of 1961 to cast their vote by postal ballot. It held that the consideration appears to have been as to who may not be able to physically attend a polling booth to cast her vote.
The Court said the petitioner's contention that EC has no jurisdiction to issue guidelines, has to be discarded in the light of the plenary authority conferred on such Commission by Article 324 of the Constitution. Further, the Supreme Court has in the past recognised the authority of EC to pass any orders in respect of the conduct of elections when there is no parliamentary legislation or rule made under the said legislation.
Commission had launched postal ballot option for 80-plus citizens. disabled voters and those engaged in essential services in Jharkhand elections of 2019. In Bihar polls last year, EC further extended this facility to those who had tested positive for Covid-19 or were suspected to be Covid-positive.