Ensure Every Citizen Performing Public Duty At Polling Station Can Exercise Right To Vote - Bombay HC To ECI

The Bombay High Court has asked the Election Commission to ensure that a person who is required to perform a public duty at a polling station, is in a position to exercise his/her right to vote.

"We encourage the Election Commission to ensure, at all times, that every citizen holding a public office, but who is required to perform a public duty at a polling station, is in a position to exercise his/her right to vote.", the Bench of Chief Justice Dipankar Datta and Justice Ravindra V. Ghuge opined.

The Court was dealing with a Public Interest Litigation (PIL) on behalf of persons holding public offices. They claimed that at times they were deprived of their right to vote.

They had prayed to the Court to direct the Election Commission of India to ensure that a voter on election duty was not deprived in the future of his right to vote.

Advocate B.L. Sagar Killarikar, appearing for petitioners, contended that the Election Commission ought to be directed to ensure that those who opt for voting by applying in Form 12 receive the ballot papers on time so as to exercise his/her voting right effectively.

Advocate Alok M. Sharma appearing for the respondents-Election Commission of India submitted that proper measures were taken to ameliorate the grievances of voters on election duty.

The Court observed that a voter on election duty could either vote through a postal ballot or vote by remaining present in person at an election.

The Court opined that for those public officers who opted for voting through postal ballot, the Election Commission of India must ensure that the address to which the postal ballot is to be dispatched is complete in the real sense of the term and nothing is left out so as to render the process infructuous.

"After all, the right to vote is a vital right of every citizen of the country and if those officers who assist the Election Commission in holding peaceful polls are themselves deprived, that would indeed not be a very acceptable situation.", the Court observed.

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