Supreme Court: In a petition filed by Yuvajana Sramika Rythu Congress Party (‘YSRCP’) challenging relaxation of postal ballot norms by the Election Commission of India (‘ECI’) in the State of Andhra Pradesh, the division bench of Aravind Kumar and Sandeep Mehta, JJ. has refused to entertain the petition and upheld the Andhra Pradesh High Court’s decision of not interfering with the ECI’s decision and giving liberty to the petitioner to challenge it in an election petition after the declaration of results.
On 30-05-2024, Chief Electoral Officer, Amravati, Andhra Pradesh issued a Circular, stipulating that even if Form 13A only contains the signature of the attesting officer, the same is to be accepted. Aggrieved, the YSRCP approached the High Court praying that the counting of votes scheduled on 04-06-2024 take place in accordance with the Conduct of Elections Rules, 1961 and ECI’s instructions of 2023. The High Court dismissed the petition on the ground of availability of alternative remedy, thus the present petition was filed.
As per the Conduct of Elections Rules, 1961, if a postal ballot is not duly signed by the elector and attested by an authorized officer, it is to be rejected. The only exception as per ECI Instructions of 2023 is when the authorized officer does not put his seal on Form 13A, but otherwise mentions his name and designation.
The Court said that “in the facts and circumstances of this case, we do not find any merit”.
The Court said that there was no need to interfere with the High Court’s decision to decline relief to the political party, since an election petition could be filed in the matter.
Source: Press
