Today(on 20th May),The Supreme Court’s Vacation Bench dismissed Sarla Srivastav’s plea to vote via postal ballot in the Lok Sabha elections due to her severe osteoarthritis and bedridden condition. The bench, headed by Justice Bela M. Trivedi, referred to discrepancies in her eligibility status according to Election Commission instructions, including age and disability categorization.
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NEW DELHI: Today(on 20th May), The Supreme Court of India dismissed a plea by 78-year-old Sarla Srivastav, who sought to exercise her constitutional right to vote via postal ballot in the Lok Sabha elections. The petition, which was represented by senior advocate Gaurav Agarwal and advocate Pranav Sachdeva, highlighted Ms. Srivastav’s severe osteoarthritis and her bedridden condition, preventing her from physically going to the polling booth.
“Everyone would prefer to vote from the comfort of their homes,”
– remarked Justice Bela M. Trivedi, who headed the Supreme Court Vacation Bench alongside Justice Pankaj Mithal. This comment emphasized the court’s stance as they dismissed Ms. Srivastav’s plea on May 20.
Ms. Srivastav, a resident of the Bilaspur constituency in Chhattisgarh, wished to vote in the elections held on May 7. She argued that while this date was set for EVM voting, it was not specified for postal ballots. She further contended that the Election Commission of India (ECI) holds the authority to announce new polling dates for “any sufficient reasons”.
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Her petition was an appeal against the Chhattisgarh High Court‘s decision on May 6, which had refused her permission to vote by postal ballot, stating it was too late to implement such a change.
“The petitioner, a citizen of India, is listed on the electoral roll and retains the right to vote as she is not otherwise disqualified. Specifically, she is unable to walk, and a medical certificate has been issued by a practitioner to confirm this. The petitioner seeks to exercise her constitutional right to vote in the upcoming parliamentary election in the Bilaspur constituency.”
– the petition urged.
However, the Vacation Bench referred to an order issued by the Returning Officer (RO) on May 1. According to the RO, Ms. Srivastav was 75 years old, while the prescribed age for the ‘Absentee Voter under Senior Citizen’ category is 85 years, as per the Election Commission’s instructions.
Furthermore, the order stated that Ms. Srivastav was not flagged as a Person with Disability (PwD) in the electoral roll database, nor had she submitted a “benchmark disability certificate” under the Chhattisgarh Rights of Persons with Disability Rules 2023. Hence, she could not be considered an ‘Absentee Voter under Persons with Disability’ category.
Additionally, Ms. Srivastav did not produce any health certificate indicating she was affected by COVID-19, nor was she employed in an essential services category that would necessitate the postal ballot facility, as noted by the RO.
This ruling brings to light the stringent criteria and procedural requirements that must be met for a voter to qualify for a postal ballot. It also reflects the court’s reluctance to make exceptions without substantial justification, even in cases involving elderly or incapacitated voters.
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The case of Sarla Srivastav serves as a reminder of the challenges faced by physically incapacitated voters in exercising their democratic rights. It also highlights the need for more inclusive voting provisions that can accommodate the needs of all citizens, ensuring that every eligible voter can participate in the electoral process.