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Madras HC upholds EC order on postal ballot | India News


NEW DELHI: The Madras Supreme Court has confirmed the postal voting facility extended by the Election Commission to absentee voters, including people over 80, people with disabilities, essential services personnel, and Covid patients / suspects -19, qualifying it as an ‘inclusive’ measure introduced by the voting panel in exercise of its full powers under article 324 of the Constitution.
In its ruling on the allegation challenging the legality of Section 60 (c) of the People’s Representation Act of 1951 and the corresponding rules that extend the possibility of voting by mail to these absentee voters, the superior court said that it “must It is recognized that all that the Electoral Commission has done here is to be inclusive and allow certain classes of people who would have been excluded from the exercise of their suffrage the right to use the postal vote and participate in the celebration of the democracy party ”.
He added that if the process were made inclusive without compromising the secrecy of the ballot or the fairness of the elections, “it would be a greater reason to celebrate and congratulate the governing body.”
The Court found no arbitrariness in the classification of the persons obliged by the 1961 Regulations to cast their vote by postal mail. He argued that the consideration appears to have been who could not physically attend a voting booth to cast their vote.
The Court said that the petitioner’s assertion that the EC does not have competence to issue guidelines should be discarded in light of the plenary authority conferred on said Commission by Article 324 of the Constitution. Furthermore, the Supreme Court has in the past recognized the authority of the EC to make any order regarding the holding of elections when there is no legislation or parliamentary rule issued under such legislation.
The Commission had launched the vote-by-mail option for more than 80 citizens. disabled voters and those participating in essential services in the 2019 Jharkhand elections. In last year’s Bihar polls, EC further extended this facility to those who had tested positive for Covid-19 or were suspected of being positive for Covid .

Times of India