Why SC Junked 78-Year-Old Woman's Plea To Cast Vote Through Postal Ballot In LS Polls

The Supreme Court on Monday dismissed a petition by a bedridden 78-year-old woman seeking directions from the Election Commission of India (ECI) to have her vote cast through postal ballot

SC dismissed the plea saying that it was not inclined to interfere in the petition by a bedridden 78-year-old woman

The Supreme Court on Monday dismissed a petition by a bedridden 78-year-old woman seeking directions from the Election Commission of India (ECI) to have her vote cast through postal ballot in Lok Sabha Elections 2024.

A bench of Justice Bela Trivedi dismissed the plea saying that it was not inclined to interfere as the date of polling had already passed and the returning officer of ECI had rejected her application after considering her medical certificate.

The counsel appearing for the woman contended that she is a citizen of India and her name is present in the electoral roll and she has the right to cast her vote as she is not disqualified otherwise. He further argued that she is unable to walk and a medical certificate has been issued by a medical practitioner in her favour in this regard. He contended that she is eligible to vote through postal ballot under the 1961 Rules as well as subsequent ECI notifications.

The woman's lawyer argued that the petitioner is permitted to make an application as per Form 12 or Form 12D of the Rules, 1961 before the concerned Returning Officer of ECI and the officer is directed to consider her claim strictly in accordance with the law.

He further told the court that the returning officer rejected her application for postal ballot as she did not have a physical disability of more than 40 percent (benchmark disability).

The top court however noted that the returning officer had rejected the application noting that she did not meet the benchmark disability criteria and the date of casting vote had already passed.

However, the woman's advocate contended that under Rule 27-F and Rule 27-I of the Conduct of  Election Rules, the casting of vote through postal ballot could be done at any time before counting of votes, which is June 4.

The petition contended that there are two categories, one, a person with physical disability and the other persons who are hospitalised or suffering from or affected by COVID-19.  And these two classes also include persons who are bedridden or who are unable to walk.

"If any application has been moved by such a person, it is the duty of the Returning Officer to inquire into the matter and send the team to visit such place or house," the petitioner argued.

The court however maintained that the 40% disability benchmark criteria is necessary for the team to visit and consider the request for postal ballot.

Justice Bela M Trivedi noted that the woman had previously moved to the Delhi High Court and the court had directed ECI to consider her application, and allow it if they are satisfied.

"Now they have considered, therefore they have rejected your application, they considered the medical certificate...You had to submit the disability certificate."

Justice Pankaj Mithal also said that postal ballot can be cated at a later time but it has to be produced the prescribed time,

"...it doesn't mean you cast a vote one hour before counting," Justice Mithal said on counsel's argument that casting of vote through postal ballot could be done at any time before counting of votes.