The court said the allegation that nearly 20,000 people could not vote is serious. (Representative pic of polling officials)
Synopsis: The petitioners alleged that their applications for postal ballots were either rejected, not received, or declared defective, effectively disenfranchising a large number of government officials assigned election duty.
The Kerala High Court on Tuesday, 28 April, expressed serious concern about allegations that thousands of polling personnel were denied the opportunity to cast their votes by postal ballot.
While hearing a batch of writ petitions on the issue, Justice KV Jayakumar observed that the allegation pointed to a significant lapse.
“It is a serious allegation… nearly 20,000 people could not vote. They are working for you. Why are you so adamant that you would not allow it? It is your duty to ensure that they vote. This is very unfortunate,” the court remarked, addressing the Election Commission of India (ECI).
The petitioners alleged that their applications for postal ballots were either rejected, not received, or declared defective, effectively disenfranchising a large number of government officials assigned election duty.
Counsel for the ECI argued that the appropriate legal remedy for the petitioners would be to file an election petition rather than approach the court through writ petitions.
However, the bench underscored that facilitating the right to vote remains a fundamental responsibility of the Commission, particularly for those deployed on election duty.
During the hearing, the court also directed the ECI to clarify whether it could place on record, through an affidavit, the total number of government servants assigned polling duties.
Counsel for the petitioners countered that postal ballots had not been properly issued in many cases and pointed to Rule 27, which allows voters on election duty to submit their postal ballots before the commencement of counting. They argued that the procedural safeguards meant to enable such voting were not effectively implemented.
Polling for the election of 140 members of the Kerala Legislative Assembly was held on 9 April.