The Madras High Court on March 17, 2021 dismissed a petition (W.P. No. 20027 of 2020) challenging the vires of Section 60 (c) of the Representation of the People Act, 1951 and the corresponding rules to facilitate postal ballots for absentee voters including senior citizens of above 80 years, persons with disabilities, COVID-19 affected/ suspected and persons employed in essential services.
- The court opined that ‘the Election Commission has done here is to be inclusive and allow certain classes of persons who would have been excluded from exercising their franchise the right to use the postal ballot and participate in the celebration of the festival of democracy.’
- The bench led by the Chief Justice, referred the A.C. Jose case, in which the Supreme Court has recognized the authority of the Election Commission to pass any orders in respect of the conduct of elections when there is no parliamentary legislation or rule made under the said legislation.
- The Election Commission started the optional postal ballot to some of these categories since Jharkhand elections of 2019. In 2020 Bihar General Elections, postal ballot options were extended to all these categories which was exercised by more than 52,000 such electors.
(PIB)
