2019 Postal Ballot Fraud | Kerala High Court Asks Police Chief To Explain 2 Years' Delay In Concluding Investigation

The Kerala High Court on Wednesday came down heavily on the special police team constituted to investigate the alleged postal ballot fraud in 2019, for its inordinate delay in winding up the probe. 

Noting that the team had undertaken to conclude the inquiry within two months from September 2019, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly directed the State Police Chief to explain the reason behind more than two years of delay in completing the investigation. 

"Though a statement has been made as early as on 4.9.2019 that investigation in respect of other districts would be completed in eight weeks time, even after two and a half years, investigation is stated to be pending on the files of the special police team."

The Court also observed that once a time frame is presented within which time a party agrees to complete an enquiry, it should be completed within then, failing which an extension should be sought. 

"At this juncture, we deem it fit to observe that once a statement is made across the Bar as to the time likely to be taken up for the completion of investigation or enquiry, as the case may be, the same should be done as submitted, or else if for any reason, investigation or enquiry could not be completed, respondents 3 and 4 ought to have approached this court, for extension of time, by adducing acceptable reasons."

The petition was filed by a senior political leader of the State in 2019 seeking a direction to the Chief Electoral Officer to withdraw the ballot papers issued to Police Officers on election duty and which are yet to be tendered to the returning officer or deposited in the box by exercising vote, on the ground of reported fraud. 

It was also prayed that fresh postal ballots be issued to those police officers on election duty in accordance with law and also to direct the State Police Chief to produce a copy of the enquiry report regarding the postal ballot fraud before the Court.

Pursuant to this, the Chief Electoral Officer had written to the State Police Chief requesting him to conduct a detailed enquiry into the allegation regarding postal ballots of police personnel in 2019. Similarly, the Inspector General of Police, Crime Branch, had also written to the State Police Chief in 2019 observing that various issues raised therein have to be enquired into.

Advocates T. Asaf Ali and Laliza T.Y appearing for the petitioner submitted that it is the duty of the Election Commission of India and the Chief Electoral Officer to conduct an enquiry into the alleged fraud. 

The Court noted that when the matter first came up for hearing in May 2019, it was informed that a case has been registered under Sections 136 (d) (f) and (g) of Representation of People Act regarding the allegations relating to bulk issuance of Form 13 to a specific address by one single Officer.

A few months later, a special police team was constituted to investigate the alleged wrongful casting of postal ballots by the police personnel deployed for duty. 

Later, when the matter came in September 2019, the State Attorney submitted that the investigation was complete in Trivandrum, Kottayam, Idukki, Thrissur and Malappuram districts. The record of proceedings also revealed that a submission was made that investigation of remaining areas will be complete within eight weeks.

However, despite two years passing by, this was not yet complete. Condemning this, the Court asked the State Police Chief to explain the reasons for the inordinate delay. 

He has also been asked to produce the details regarding the investigation in respect of other districts and the current stage of the investigation in the form of an affidavit with supporting documents.

The matter will be considered again on March 17. 

Case Title: Ramesh Chennithala v. Election Commission Of India & Ors.

Click Here To Read/Download The Order