Yesterday(on 2nd June), The YSR Congress Party (YSRCP) challenges the validity of postal ballots in Andhra Pradesh, filing a petition against the Election Commission of India. This move follows the Andhra Pradesh High Court’s dismissal of YSRCP’s plea regarding postal ballot norms relaxation.
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NEW DELHI: Yesterday(on 2nd June), The YSR Congress Party (YSRCP) has approached the Supreme Court of India with a significant challenge regarding the validity of postal ballots used in Andhra Pradesh. The party filed a special leave petition against the Election Commission of India, questioning the legitimacy and procedural aspects of postal ballots in the state.
This legal action stems from a recent decision by the Andhra Pradesh High Court. The High Court had earlier disposed of YSRCP’s plea against the relaxation of postal ballot norms on June 1. The YSRCP’s petition to the Supreme Court is a direct response to this ruling, seeking a reassessment of the guidelines governing postal ballots.
In the recent elections in Andhra Pradesh, a significant number of postal ballots were used. Approximately five lakh postal ballot votes were cast during the simultaneous Lok Sabha and Assembly elections in the state, raising concerns within the YSRCP about the transparency and fairness of the electoral process.
The party’s contention revolves around the procedures and safeguards in place for postal voting. The YSRCP argues that the relaxation of norms has potentially compromised the integrity of the voting process, leading to discrepancies that could affect the overall election results. By challenging the Election Commission’s decisions and the High Court’s endorsement of these decisions, the YSRCP aims to ensure that electoral processes are both fair and transparent.
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This legal battle is set against the backdrop of a broader debate on the use of postal ballots in Indian elections. The YSRCP’s challenge highlights ongoing concerns about the security and management of postal votes, especially in large-scale elections such as those for the Lok Sabha and state assemblies. The outcome of this case could have significant implications for future elections in India, particularly in terms of how postal ballots are handled and the standards they must meet to be considered valid.
As the Supreme Court prepares to hear the YSRCP’s petition, all eyes will be on the proceedings to see how the apex court addresses these crucial issues. The decision could potentially reshape the regulatory framework for postal voting in India, reinforcing or revising the existing protocols to better safeguard the electoral process.
The YSR Congress Party (YSRCP) has taken its concerns over the validity of postal ballots in the forthcoming Andhra Pradesh elections to the Supreme Court. Their plea emphasizes issues regarding procedural adherence and specific instructions issued by the Election Commission of India (ECI) on June 19 in the preceding year.
The crux of the YSRCP’s petition revolves around the proper execution and verification of postal ballots, as dictated by Form 13A of the Election Rules, 1961. According to these norms, a declaration in Form 13A must be signed in the presence of an authorized officer, who is also required to attest to the signature. The declaration is then placed in a cover marked as Form 13A, and the officer must further authenticate it with their designation, signature, and official seal.
As per Section 54A(4) of the Conduct of Election Rules, any Form 13A that remains unsigned or unattested is liable to be rejected. This provision is crucial for maintaining the integrity of the postal ballot process.
The YSRCP contends that the Andhra Pradesh High Court failed to address the substantive issues raised in their petition. Instead, the high court dismissed the petition on the grounds of the availability of an alternate remedy, without delving into the merits of the case.
“If the inclusion of invalid votes in the tally on June 4 is considered, it could result in significant bias against the party.”
– the plea asserts, emphasizing the potential impact on the election results.
The party’s plea seeks an ad-interim ex-parte stay on the high court’s judgement and urges the Supreme Court to instruct the Election Commission to adhere strictly to the established rules when counting postal ballots.
In a strongly worded statement, the plea declares that the Election Commission’s actions are “ex-facie unsustainable.” The party clarifies that their intention is not to impede the electoral process or question the election itself. Rather, their challenge is aimed solely at the Election Commission’s circular to ensure a transparent and fair electoral process.
“The challenge is presented to guarantee a free and fair election process, devoid of any appearance of malfeasance or bias.”
– the plea notes, underscoring the party’s commitment to electoral integrity.
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