The Andhra Pradesh High Court directed the Election Commission of India to consider whether pregnant women should be permitted to cast their vote through postal ballot or not.

The Bench acknowledged the key issue raised in the PIL, highlighting the prevention of "ladies who are in family way" from casting their vote.

A Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R Raghunandan Rao observed, “Be that as it may, we dispose of the present Writ Petition (Public Interest Litigation) with a direction to the respondents that they should view the present petition as a representation on which an appropriate decision be taken by Election Commission of India to consider as to whether ladies who are in family way should be permitted to cast their vote through postal ballot or not.

Sr. Advocate Sudhanshu S. Choudhary represented the petitioner, while Advocate Avinash Desa appeared for the respondent.

The petitioner argued that pregnant women should also be granted the same privilege, similar to the provision made for senior citizens above the age of 85 years to vote through postal ballot. The petitioner cited Section 60 of the Representation of People Act, 1951, which empowered the Election Commission of India (ECI) to enable certain classes of individuals to vote by postal ballot.

Responding to the petition, the ECI acknowledged the validity of the concerns raised but stated that elections were already in progress. However, they assured that the issue would hold good for the elections whenever they were to be conducted in future.

As a result, the High Court directed the ECI to regard the current petition as a representation and to consider as to whether the “ladies who are in family way” should be permitted to cast their vote through postal ballot or not.

Accordingly, the High Court disposed of the petition.

Cause Title: Kesana Vishnu Vardhan Goud v. The Election Commission Of India/ECI & Orrs.

Appearance:

Petitioner: Party in Person

Respondent: Advocates Avinash Desai, D S Sivadarshan, Vivek Chandra Sekhar S and Jupudi V K Yagnadutt

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