New Delhi: Barely a day ahead of the June 4 counting of votes, the ruling YSR Congress Party on Monday approached the Supreme Court challenging a Election Commission of India circular regarding the counting of postal ballots in Andhra Pradesh that the party argues bypasses statutory rules and allows scope for abuse.
The YS Jagan Mohan Reddy’s party contended that the circular dilutes the requirement of an attesting officer to put name and designation in Form 13A.
The Andhra Pradesh High Court had on Friday refused to hear the plea filed by the YSR Congress Party, challenging the memos issued by Chief Electoral Officer Mukesh Kumar Meena, relaxing the norms to be adopted for deciding on the validity of postal ballots, which are said to contradict Rule 27F, 54A and Form 13A of The Conduct Of Elections Rules, 1961 issued by the Election Commission of India.
The Division Bench of the High Court comprising Justice Kiranmayee Mandava and Justice Nyapathy Vijay disposed of the petition permitting the petitioner to approach the Court in an election petition.
The petition was filed in the High Court on May 30 and the judgment was delivered on Saturday (June 1) at 8 pm.
According to the petition, Rule 54A Clause 3 mandates that the returning officer shall only open a cover after scrutinizing the declaration submitted under Form 13A. Furthermore, Clause 4 states that if the declaration is missing, not duly signed and attested, substantially defective, or if the serial number of the ballot paper differs from the serial number on the cover in Form 13B, the cover shall not be opened. The returning officer must then make an appropriate endorsement on the cover and reject the ballot paper contained within.
The petitioner claimed that the Chief Electoral Officer for Andhra Pradesh issued a memo that relaxed these rules, stating that only the polling officer’s signature is needed without any stamp or other authentication. The petitioner argued that this bypasses statutory rules and allows for significant abuse.
The main points raised by the petitioner were that the memo contradicts the Conduct of Elections Rules, 1961 and the ECI provided a sealed cover with the proposed schedule for the by-poll for the Maniktala assembly seat in West Bengal.
The dispute pertains to the validity of about 5 lakh votes cast in Andhra Pradesh through postal ballots (a system of voting for certain categories of persons who are unable to go to the polling station to cast a vote). As per 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 authorized officer (who shall also put his designation along with the sign and seal).
The petitioner has assailed the Andhra Pradesh High Court order of June 1, whereby YSR Congress’ writ petition over the same issue was dismissed, with liberty to raise the contentions through an election petition.
The petitioner has urged the apex court that the counting of votes scheduled on June 4, 2024, is to take place under the Conduct of Elections Rules, 1961 and ECI’s instructions (of 2023).
The matter will be heard later in the day by a vacation bench comprising Justices Aravind Kumar and Sandeep Mehta.
