Supreme Court Junks YSR Congress Plea Against ECI Relaxing Postal Ballot Norms In Andhra Pradesh

The Supreme Court on Monday refused to grant any relief to the YSR Congress Party on its petition challenging new rules for counting of postal ballot votes in Andhra Pradesh.

The Supreme Court on Monday refused to grant any relief to the YSR Congress Party on its petition challenging new rules for counting of postal ballot votes in Andhra Pradesh.

A vacation bench of Justice Arvind Kumar and Justice Sandeep Mehta refused to interfere with ECI's decision and upheld the Andhra Pradesh High Court’s decision to decline relief in the same plea by YSR Congress stating that an election petition can be filed in the matter.

The YSR Congress Party moved the top court against ECI's move to relax norms to recognise the counting of postal ballots in Andhra Pradesh.

The political party had moved the top court against the Andhra Pradesh High Court order dismissing the plea. The high court had dismissed the plea but had granted the liberty to raise the contentions through an election petition.

The  petition contended that the matter pertains to the validity of about 5 lakh votes cast in Andhra Pradesh through postal ballots.  This arrangement of Postal ballots is made by ECI for a specific section of people who are unable to go to polling stations to cast their votes.

According to the ECI's 1961 Rules, the postal ballots are to be submitted with 3 covers - called Forms 13A, 13B and 13C.

Form 13A is a declaration to be given by the elector/voter, which is to be duly signed (by the elector) and attested by an authorised officer (who shall also put his designation alongwith the sign and seal). The new relaxation brought in by the Election Commission in Andhra Pradesh, Form 13A(form to request for postal ballot), can be accepted only with the signature of the attesting officer even without the name and designation of the attesting officer.

Senior Advocate Dr Abhishek Manu Singhvi, appearing for the YSRCP, told the top court today that the rules regarding postal ballots were changed by a circular issued by the ECI on May 30 only in the State of Andhra Pradesh.

Singhvi argued that anybody could scribble anyone's signature and there was a potential for mischief if forms without the stamp and designation were accepted.

He urged the top court that the postal ballots should be counted strictly in accordance with the Conduct of Election Rules, ignoring the May 30 circular of the ECI. However, the Supreme Court refused to interfere with the order.