Cong approaches ECI against Center's nod to postal ballots for elderly, calls it 'unconstitutional'

Following the Centre's nod to the postal ballot for coronavirus infected and elderly people, Congress approached Election Commission of India urging for an immediate withdrawal of the decision by calling it "illegal and unconstitutional". Congress suggested that a better alternative would be to have a separate voting booth for senior citizens to minimize the risk of infection.

New Delhi: A day after Center amended the Conduct of Election Rules, allowing the voters of age 65 and above and coronavirus infected people to opt for postal ballot facility, Congress approached Election Commission of India urging for an immediate withdrawal of the decision by calling it "illegal and unconstitutional".

A delegation of Congress leaders Ahmed Patel, Abhishek Manu Singhvi, Kapil Sibal, KC Venugopal and Randeep Surjewala had a virtual meeting with EC officials pointing out the legal deficiencies in the decision.

The petition submitted by Congress to ECI, stated, "The manner in which this decision has been taken, demonstrates a complete non-application of mind and a shocking circumvention of any consultation process with the key stakeholders (i.e. any other political parties other than ruling regime). Even upon a cursory examination, the numerous legal deficiencies in this decision become apparent."

Over the matter of secrecy in voting, Congress argued that the government has failed to consider that India has a large segment of the uneducated population, the electors utilizing postal ballot facility might seek assistance from others at numerous stages, ending up disclosing their preferred candidate.

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Congress added that the amendment which "purportedly aims to protect senior citizens and to prevent the spread of COVID-19 infection, shall ironically have the exact opposite effect by endangering not just the voters, but those around them vis-a-vis exposure to the COVID-19 virus."

It also stated form 13A along with the Postal ballot paper, has to be duly attested and notarized for which the voter will have to personally meet an officer and secondly the voter shall have to utilise the services of government Postal Office to send his or her postal ballot and therefore will yet again risk either contracting or spreading COVID-19 infection.

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Congress suggested that a better alternative would be to have a separate voting booth for senior citizens to minimize the risk of infection.

Besides this, Congress argued that the decision also "exposes a high percentage of voters to organised administrative influence or influence by the government of the ruling party or their agents or any number of individuals who shall be able to identify these individuals in advance (with ease) and influence how they vote without the protection of secret ballot."

Congress urged EC to utilize its powers under Article 324 of the Constitution of India and direct the immediate withdrawal of this decision and amendment to the Conduct of Election Rules, 1961.