Andhra HC reserves orders on ECI relaxing postal ballot norms

However, ECI’s counsel Avinash Desai argued that rules have been amended only in respect of postal ballots cast by employees on election duty. These votes were polled at facilitation centres.

Amaravati: The Andhra Pradesh High Court will deliver, on Saturday, its orders on a petition filed by the YSR Congress Party challenging the Election Commission of India’s order relaxing the norms for deciding on the validity of postal ballots.

A division bench of Justices Nyapathy Vijay and Kiranmayee Mandava will pronounce orders on the petition at 6 p.m. on Saturday.

The Election Commission of India, in its May 30 circular, asked the election officials to consider the postal ballot as valid even if the postal ballot declaration form has no name, designation, or seal but has the signature of the attesting officer.

Appearing on behalf of the YSRCP, senior counsel Abhishek Manu Singhvi argued that the ECI is weakening the electoral process by doing away with rules. He noted that under the rules, it is mandatory that a postal ballot declaration form carry the attesting officer’s signature, his name, designation, and stamp.

However, ECI’s counsel Avinash Desai argued that rules have been amended only in respect of postal ballots cast by employees on election duty. These votes were polled at facilitation centres.

Another division bench, on Thursday, heard YSRCP General Secretary Lella Appireddy’s petition challenging two memos issued by Chief Electoral Officer Mukesh Kumar Meena relaxing the norms, arguing that the CEO exceeded his authority. The counsel pointed out that as per the EC guidelines, a postal ballot is considered valid if the postal ballot declaration form has the attesting officer’s signature, and the name, and designation handwritten on the form. However, in his memos, the CEO had relaxed the norms, stating that the signature of the attesting officer was sufficient, which contradicts the ECI’s guidelines.

ECI counsel had informed the court that the poll panel was partially withdrawing the memo issued on May 25 and completely withdrawing the one issued on May 27.

In the recently-held polls for the 175-member Assembly and the state’s 25 Lok Sabha seats, more than 5 lakh postal ballots were polled, setting a new record in the state’s history.

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