Kerala High Court Questions ECI Over Alleged Denial Of Voting Rights To 20,000 Election Duty Staff

The Kerala High Court on Tuesday (April 28) questioned the Election Commission of India (ECI) over allegations that more than 20,000 election duty staff were unable to cast their votes in the Assembly elections held on April 9.

Justice K. V. Jayakumar was hearing a batch of writ petitions alleging large-scale denial of voting rights to government officials deployed on election duty during the State Assembly polls.

Earlier, on April 8, the Court had directed the ECI to take corrective steps to ensure that election duty personnel receive their postal ballots without delay. Pursuant to the direction, the Commission issued an order on the same day to facilitate voting by such personnel.

However, counsel for the petitioners submitted that several voters on election duty did not receive postal ballots despite submitting their applications within the prescribed time. It was further argued that under Rule 27 of the Conduct of Election Rules, postal ballots must reach the Returning Officer before the commencement of counting, and therefore, the grievance could still be addressed before that stage.

Reiterating the grievance today, counsel submitted that despite being on official duty, a large number of personnel were effectively denied the opportunity to vote. “Postal ballots were not properly issued,” it was contended.

On the other hand, counsel appearing for the ECI submitted that in several cases, applications for postal ballots were either rejected, not received, or found to be defective. It was argued that the appropriate remedy for the petitioners would be to file an election petition after conclusion of the electoral process.

Expressing serious concern, the Bench observed: “It is a serious allegation… 20,000 people could not vote… They are working for you… A vital aspect… Why are you so adamant… It is your duty to ensure that they vote. It is very unfortunate.”

The Court further emphasised that it is the responsibility of the Election Commission to provide necessary facilities to all eligible citizens, including those on election duty, to enable them to exercise their franchise.

Case Title: Kerala N.G.O Union v Election Commission of India and connected matters

Case No: WP(C) 14379/ 2026 and connected matters

Counsel for Petitioner: Dinesh Mathew J. Muricken, Vinod S. Pillai, Nayana Varghese, Jerry Peter, Goutham Chandrasekhar, Ria Varghese, Goutham Chandrasekhar, Maroof, Nafiya Shahala C.K, T.B.Hood, M. Isha, Nayanpally Ramola, Aadithyan S. Mannali, Anoop V. Nair, Sharannya P., Athil P., C A. Beema Beevi, Ferra A Thankam

Counsel for Respondent: M Ajay (SC- ECI), Deepu Lal Mohan