YSR Congress Moves Supreme Court Challenging Relaxation Of Postal Ballot Counting Norms In Andhra Pradesh

Update at 12.30 PM, June 3 : Supreme Court Dismisses YSR Party's Challenge To ECI Circular Relaxing Postal Ballot Norms In Andhra

In a recent development, YSR Congress Party has moved the Supreme Court challenging relaxation of postal ballot norms by the Election Commission of India in the State of Andhra Pradesh.

The petition assails 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. It is prayed that the counting of votes scheduled on 04.06.2024 take place in accordance with the Conduct of Elections Rules, 1961 and ECI's instructions (of 2023).

The matter will be heard today by a vacation bench comprising Justices Aravind Kumar and Sandeep Mehta.

The dispute pertains to validity of about 5 lakh votes cast in Andhra Pradesh through postal ballots (a system of voting for certain category of persons who are unable to go to polling station to cast 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 alongwith the sign and seal).

If a postal ballot is not duly signed and attested, it is to be rejected. However, an exception in this regard was carved out by the ECI in July, 2023, stating that merely if the authorized officer's seal is not found on Form 13A, it ought not to be rejected, if the officer has otherwise given his name and designation on the Form.

During the ongoing Lok Sabha polls, on 30.05.2024, the Chief Electoral Officer, Amravati, Andhra Pradesh issued a letter relaxing the norms pertaining to attestation of postal ballots for state of AP. This letter stated: "...the Commission has directed that all Form 13A where the attesting officer as authorised by the RO put his signature identifying the elector based on his personal knowledge/identification but has not mentioned his name and designation or put his seal be considered valid by the Returning Officer for further processing of the postal ballot at the time of counting".

In short, as per this Circular, even if Form 13A only contains the signature of the attesting officer, the same is to be accepted.

YSR Congress challenges the circular, saying that it is violative of the 1961 Rules and the ECI Instructions of July, 2023. It contends that a circular cannot override a statute or the rules framed thereunder.

"...the letter dated 30.05.2024 issued by the Respondents, dilutes the existing rule position by relaxing the requirement of the name and designation of the attesting officer to be mentioned on Form 13A."

Insofar as the circular applies only to state of Andhra Pradesh, YSR Congress urges that it is violative of Article 14 of the Constitution. It is further averred that if illegal votes are taken into account on the counting day ie 04.06.2024, grave prejudice would be caused to the petitioner-Party.

The petitioner-Party expresses its grievance with the High Court order, stating that the Court "erred in not even considering the matter on merits" and dismissing the petition on the ground of availability of alternative remedy.

It also raises questions on the motives behind the subject circular, pointing out that it was issued 17 days after elections took place in Andhra Pradesh (13.05.2024).

YSR Congress further clarifies that it is not challenging any specific election; rather, it is assailing a circular. Therefore, the constraints on judicial interference during elections under Article 329(b) of the Constitution will not prevail. Relying on Election Commission of India v. Ashok Kumar and Manda Jaganath v. K.S. Rathnam, it says,

"...the Respondents by issuing the impugned circular letter dated 30.05.2024 have acted in a completely arbitrary and erroneous manner. Therefore, the bar under Article 329(b) of the Constitution of India does not apply in the present case and the present case falls under the aforementioned circumstances/exceptions where a Writ Petition is maintainable."

So far as the issue of alternative remedy, it is the petitioner-Party's case that if an election petition is filed and the court finds the process violative of the Rules, the entire elections held in Andhra Pradesh would have to be nullified. As such, an election petition may not be a more efficacious remedy.

Case Title: YSR Congress Party and Anr. v. Election Commission of India and Anr.| Diary No. 25729-2024