Ensure that public servants performing election duties aren't deprived of their right to vote: Bombay High Court

The Bombay High Court at Aurangabad recently asked the Election Commission of India (ECI) to ensure that the public servants, who perform election duties, aren't deprived of their right to vote [Asha w/o Rajendra Jangam vs Union of India].A division bench of Chief Justice Dipankar Datta and Justice Ravindra Ghuge said that if such public officers are deprived of their right to vote, then it would be an unacceptable situation."After all, the right to vote is a vital right of every citizen of the country and if those officers who assist the ECI in holding peaceful polls are themselves deprived, that would indeed not be a very acceptable situation. We encourage the ECI to ensure, at all times, that every citizen holding a public office, but who is required to perform a public duty at a polling station, is in a position to exercise his/her right to vote," the Court observed in its July 6 order..The Court was hearing a public interest litigation (PIL) petition filed by 12 public servants, who were requisitioned by the ECI to perform poll duty for the Lok Sabha elections held in 2019. They highlighted the fact that often when such officers on duty prefer voting through ballot under Rule 23 of the Conduct of Election Rules, 1961, they do not receive such ballot papers in time, thereby depriving them of their right to vote.Therefore, the PIL petition sought orders to the ECI to ensure that ballots as provided under the law, are sent to them at their respective duty centres well before in time..The judges noted Rule 20 provides for an option for the voters on duty, to exercise their right either to vote through postal ballot or to vote in-person at the polling booth."For the former, an application of the nature prescribed in Form 12 has to be filled in whereas for the latter, an application has to be made in Form 12A. Those who opt for casting vote in person are required to be issued a certificate in Form 12B, viz. Election Duty Certificate, which has to be made in the copy of the electoral roll to indicate that an election duty certificate has been issued to the concerned voter and the EDC holder would not be allowed to vote at the polling station where he would otherwise have been entitled to vote," the Court noted..In view of the above, the bench said that the concern raised in the PIL petition stood addressed."We wish to observe that for those public officers who opt for voting through postal ballot by sending an application in Form 12, the ECI must ensure that the address to which the postal ballot is to be dispatched is complete in the real sense of the term and nothing is left out so as to render the process infructuous. There must be a genuine attempt to rule out the element of human error on the part of the officers or staff of the ECI," the bench said.With these observations, the Court disposed of the petition..Advocate BL Sagar Killarikar appeared for the petitioners. .[Read Order]