Bar Association Elections | Calcutta High Court Intervenes In Plea Raising Concerns On Possibility Of Individual Votes Being Traced Back To Voters

The Calcutta High Court intervened in a plea regarding the High Court Bar Association Elections, which were held recently. The plea alleged that while casting votes, members of the Bar association discovered that the serial number of the voter was depicted in the ballot paper, along with the name of the candidates. 

In intervening to ensure secrecy was maintained in the voting process, a single bench of Justice Sabyasachi Bhattacharya directed the Election officer to deposit all ballot books to the Registrar General's office till further orders, immediately upon conclusion of the process, and held:

Election Officer is directed to take in his custody all the ballot books from which the ballot papers have been torn out for the purpose of the present ongoing election, which carry signatures of the individual voters along with the serial numbers, and retain the same with him in sealed cover/box. The said sealed box/cover containing the said counter foils of the ballot books, containing signatures of the voters against the serial nos. of the ballot papers, shall be deposited by the Election Officer to the Registrar General of this Court at the end of the election process, immediately after the completion of the polling process today, preferably by 7 p.m. this evening.

It was argued by the petitioner that if the details of individual voters were revealed due to the serial numbers, then it would defeat the purpose of holding votes through a secret ballot.

It was argued that there would be frustration and apprehension of personal vendetta being taken out on individual voters if their identities were revealed. 

Counsel for the candidates argued that the system being followed was akin to the EVM process being followed in the General elections and that there was no way to trace the serial number of the ballot to the individual since the serial number had nothing to do with the membership numbers of the concerned voters. 

Petitioners refuted these submissions and argued that every time the ballot papers were torn from the ballot book, a signature needed to be made by the concerned voter against their serial numbers and could easily be traced back to them.

Upon hearing the pleas, the court noted that sufficient cloud has been cast on the issue of votes being traced back to individual voters, and thus agreed with the suggestion of some advoctes that it would be appropriate for the ends of justice to enusre that the ballot books from which the ballot papers were torn are kept sealed and preserved by the election officer.

Accordingly, the election officer was directed to deposit the ballot books in a sealed cover to the Registrar General, where they would be retained till further orders.

Citation: 2024 LiveLaw (Cal) 35

Case: ANIMESH BHATTACHARYA v THE BAR ASSOCIATION HIGH COURT AT CALCUTTA AND ORS.

Case No: WPO/29/2024

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