Tamil Nadu Chief Electoral Officer (CEO) Satyabrata Sahoo has filed a counter-affidavit in the Madras High Court stating that it would not be possible to share with political parties before the notification of elections a list of voters aged above 80 years, the physically challenged and those suffering from COVID-19 who could exercise the option of voting through postal ballot instead of visiting the polling stations.
EC argument
The counter-affidavit filed before Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, in response to a case filed by DMK principal secretary K.N. Nehru seeking the list of such voters in advance, stated that the process of inviting applications from those voters would begin only after announcement of election date and end five days after the notification of the election.
Though the Election Commission of India (ECI) had already flagged voters above 80 years of age and those suffering from physical disabilities in its database as an internal arrangement for official purpose of facilitating their entry and exit into polling stations if they choose to vote at the booths, such profiling of electors could not be shared now since it may amount to invasion of their privacy, the CEO said.
Further pointing out that voters above 80 years of age, the physically challenged, those suffering from COVID-19 and those engaged in essential services had been given the option of being categorised as ‘absentee voters’ and then allowed to vote through postal ballot, the CEO said the categorisation would clearly satisfy the intelligible differentia as per Article 14 (right to equality and equal protection of laws) of the Constitution.
Highlighting the process that the eligible voters would have to make applications for their inclusion in the ‘absentee voters’ list between the date of announcement of elections in the State and within five days after the notification of the elections, the CEO said the Returning Officers concerned would take a final call on accepting such applications after being satisfied with the necessary certificates regarding age and disability.
The list of voters whose application in Form 12D for availing the facility of postal ballots has been approved by the Returning Officer would be shared with the contesting candidates of recognised political parties, the CEO said.
He stated that the candidates could also depute their authorised representatives when polling officials go door-to-door to collect postal votes from the ‘absentee voters’ till a day before the actual date of election.
