Kerala Assembly Elections : High Court Expresses Satisfaction With EC's Measures To Preserve Postal Ballots

"The Rules should be followed scrupulously", the Kerala High Court urged the Election Commission (EC) today while disposing of a petition filed by three Indian National Congress election candidates K Muraleedharan, Anad Jayan and Deepak Joy, challenging the integrity the postal ballot system in use for the upcoming Kerala Assembly elections.The Bench of Chief Justice S Manikumar and Justice Shaji P Chaly took up the matter for hearing today. Appearing for the EC, Standing Counsel Deepu Lal Mohan submitted that boxes containing the postal ballots polled would be sealed in the presence of the candidates and videographed to prevent tampering.After receiving a statement from the EC today, the Court orally voiced its satisfaction with the measures in place to prevent vote tampering."Material on record discloses that the polled postal ballots would be secured by the Returning Officer in appropriate strong roomsprovided for the purpose in accordance with the directions of the Chief Electoral Officer and at the time of depositing the polled postal ballots the candidates or their authorised representatives are informed and they are entitled to witness the said event as of right, and in accordance with law," the Court's judgment records.Underscoring that the safety of the polled postal ballots would have to be suitably secured without any chance of tampering, the Court in its judgment directing the Chief Electoral Officer to "take adequate steps to ensure that the polled postal ballots are stored with adequate safety and security and without any chance for tampering or corrupting the votes already cast by the beneficiary electors". The three politicians, contesting from the constituencies ofNemom, Vamanapuram and Vypeen respectively, sought direction that the postal ballotsshould be kept in same place where the VVPAT (voter verifiable paper audittrail) machines are kept, with the same level of security. Citing instances from their constituencies, the three petitioners claimed that the postal ballots could be manipulated and tampered with since the officials deputed to assist the EC owed allegiance to the government in power. The upcoming election has seen an extension of the 'postal ballot' facility to persons aged above 80 years, persons with disabilities, persons suspected of Covid-19-positivity and persons positive for Covid-19. Earlier, the facility to vote via postal ballot was available only to government employees and persons in government service whose work required them to move out of their constituencies for work. Despite a clear directive in the EC's Guidelines requiring the officers or authorized representatives of candidates to watch the process of collecting votes, neither they, their officials or representatives received word about this, the petitioners averred in their petition. It is the petitioners' case that polling officials who should have been provided with adequate number of postal ballot papers, envelopes, pen, inkpad, and glue to seal the envelopes did not carry the same when visiting residences pf absentee voters. Neither were canvass bags to carry polled ballots, counter foils and other essential stationaries carried in many cases, it is stated. In their petition, they also stated "some of the lady polling officers are collecting it in their vanity bag instead of the canvass bag as provided in clause 5.14 (of the Standard Operating procedure for Collection of Postal Ballots)". Some of their representatives who travelled with Returning Officers informed them that the polled ballot papers are kept "without any safety method or strong room facility and they are at the disposal of the Returning Officers, whose integrity cannot be accepted unconditionally", the petitioners said. In Court today, Senior Advocate George Poonthottam reiterated the examples cited in the writ petition and declared "They (the postal ballots) are at the mercy of the Returning Officer!" Arguing that most officers on election duty had political leanings, he asserted that when making his submission, he was not attempting to make personal allegations against the Returning Officers. "Today is the last day for collection of postal ballots.", the Senior Advocate informed the Court. "Though it is called 'postal ballot', it is a direct form of voting," he said. Stating that till date, the petitioners had not been invited to watch the process, the Senior Advocate urged the Court that the ballots polled through the postal ballot system would prove crucial since in many constituencies, votes polled by candidates differed by 7000-8000 votes. 7000-8000 votes were earmarked for postal ballots, out of which 3000-4000 had applied to vote via postal ballots. "Many did not opt because there is no confidence", Senior Advocate George Poonthottam informed the Court. Expressing concern, Chief Justice Manikumar asked Standing Counsel for the Election Commission ...

Kerala Assembly Elections : High Court Expresses Satisfaction With EC's Measures To Preserve Postal Ballots

Lydia Suzanne Thomas

"Material on record discloses that the polled postal ballots would be secured by the Returning Officer in appropriate strong rooms"

Tags