Election Season: Madras High Court refuses to entertain pleas for voting on personal oaths, "blanket immunity" from ECI checks on excessive cash

With Tamil Nadu heading for Legislative Assembly polls in April, the Madras High Court is being approached by various petitioners with unique concerns regarding the conduct of elections..A petitioner concerned with ensuring the sanctity of the elections recently sought for directions to the effect that every voter is administered an oath that she has not obtained any cash or other undue incentive to vote (M Suriya Bagavandass v. The Chief Election Commissioner)..The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, however, declined to pass any order in the plea, since it would not be practical to implement the same. It was also held that it would not be within the Court's domain to issue such guidelines. ."In the process of voting at election booths that is prevalent, the administering of oath to every individual voter would make the system unfeasible. In any event, it is not the business of the Court to lay down such guidelines or impose the administration of any oath as such matters ought to be discussed and taken up by the legislative arm of the sovereign", the Court remarked in an order passed on March 2..A day earlier, the Court dismissed a plea moved by the Coimbatore Corporation Contractors Welfare Association seeking a relaxation on the Rs 50,000 limit imposed by the Election Commission on the amount of cash that can be carried during the Model Code of Conduct (MCC) period. .The Association members had sought permission to carry sums between Rs 10-15 lakh (depending on annual turnover) from the bank to work sites on the production of documents concerning the contracted work. .The Court, however, observed that to allow the petitioner's plea would be to render the Election Commission toothless.."The petitioner appears to have been put up by others interested in ensuring that the cash distribution during the election time goes on and the Election Commission is rendered toothless in carrying out inspections or the like", the order stated..The Court took note of the Election Commission's submission that if an appropriate explanation supported by documents is given, the Commission does not stand in the way of more cash being carried for the purpose of distribution to workmen or otherwise. However, there cannot be any blanket immunity granted, which would have the effect of rendering the check on excessive cash useless, the Court was told. .The Bench agreed with this stance and dismissed the plea, observing,"The Election Commission will be free to inspect, check and ascertain the kind of money being carried by any person and be entitled to draw an adverse inference and confiscate the money if the amount is found to be excessive (Coimbatore Corporation Contractors Welfare Association v. The Chief Election Commissioner).".Petitions concerning voters on election duty, postal ballots pending.On Wednesday, the same Bench issued notice in a Public Interest Litigation (PIL) moved by the Tamil Nadu Higher Secondary School Graduate Teachers Association urging for measures to be put in place so that voters on election duty may cast their votes 2-3 days before the date of polling. Generally, postal ballots for such voters are handed over a day prior to the regular poll day, known as the "silence day". .Concern was raised by the petitioner body that voters on election duty may find it difficult to cast their votes in this manner, if they are posted for election duty outside their district. It was also pointed out that there were many invalid or rejected postal ballot votes in the 2011 and 2016 Assembly elections, as well as in the 2019 parliamentary elections. The plea has, therefore, called for directions so that:A database of voters on election duty from the final electoral roll dated January 20, 2021 is prepared by District Election Officers;Returning Officers may establish 5 to 6 polling stations at their office premises to facilitate the voters on election duty with Election Duty Certificate to exercise their vote through Electronic Voting Machines (EVMs) in a regular manner at least 2 to 3 days prior to regular polling..This case is due to be heard next on March 8. On the said date, the Court is also expected to hear a petition moved by the State's opposition party, Dravida Munnetera Kazhagam (DMK) challenging the constitutional validity of Section 60(c) of the Representation of People Act, 1951, which allows the government to prescribe classes of voters who may vote through postal ballots..Eschew any form of violence during the election season, urges Court.Earlier this week, the First Bench also had occasion to appeal to all political parties to eschew any form of violence or incitement to violence during the election season. .The Court was dealing with a petition moved by the DMK against the use of public funds for advertisements on the ruling AIADMK government's achievements in the run up to the elections. .The matter was disposed of earlier this week after the Court took on record the State's assurance that all such advertisements have been stopped since February 18. Before parting with the matter, the Court appealed,."There is a need, particularly in the rising the temperature of the season, to ensure a degree of fair play, sporting spirit part at election time so that there is no reflection of the differences in the street. The court appeals accordingly to all major political parties to eschew any form of violence or incitement to violence in the last phase running into the elections slated on April 6, 2021.".Read Orders: