Withdraw amended postal ballot rules: Congress to poll panel

NEW DELHI: The Congress has questioned the legal sustainability of a law ministry notification which amended election rules to allow electors of 65 years and above and Covid-19 patients to use postal ballots. In a petition to the Election Commission on Friday, the main Opposition urged the EC to withdraw the provision. The amendment assumes significance as EC is preparing for the Bihar assembly polls amid spike in Covid-19 cases.

“The manner in which the decision has been taken demonstrates complete non-application of mind and a shocking circumvention of consultation process with key stakeholders (political parties other than the ruling regime). Even upon a cursory examination, the numerous legal deficiencies in this decision become apparent”, the Congress petition signed by senior leaders Ahmed Patel, Abhishek Singhvi, Kapil Sibal, KC Venugopal and Randeep Surjewala said.

They said the amendments violated the non-amendable right to ensure secrecy in voting. Given the large illiterate population, elders shall not only seek assistance from others but at numerous stages may disclose the voting preferences, they said.


Secondly, the amendment, instead of protecting senior citizens and preventing spread of Covid-19 infection, shall have the exact opposite effect as the postal vote has to be duly attested and notarised by officers.

The petitioners said a better option would have been to arrange separate voting booths for seniors. The amendment, they argued, have made postal ballots a rule than exception. “We request the honourable commission to utilise its powers under Article 324 of the Constitution of India and direct the immediate withdrawal of this decision and amendment to the Conduct of Election Rules 1961,” the Congress said

EC has defended the move saying that the step was taken in consultation with the Centre and in keeping with the Representation of People Act, 1950. It added that it wrote to CPM general secretary Sitaram Yechury after he termed the move as unilateral.

According to the law ministry notification, the Centre amended the 1961 rules on conducting polls after consulting EC. The notification said that in Rule 27A, Clause (AA), after the words “or persons with disability” the words, letter and figures "or the COVID-19 suspect or affected persons" shall be inserted. In Clause (E), for the figures and word “80 years,” the figures and word “65 years” shall be substituted.