Postal vote fraud allegations were investigated; relief to conduct independent inquiry denied as police completed investigation.

JUDGMENT

Dated this the 23rd day of March 2022

Shaji P Chaly, J.

This is a public interest writ petition filed by the Leader of the Opposition of the Kerala Legislative Assembly, during the year 2019, which, according to him, is filed for and on behalf of the entire voters in the State of Kerala, in regard to the serious postal vote fraud practiced by Pro- Government Police Association Office bearers at the behest of the top level Government functionaries, in connection with the election to the House of the People. According to the petitioner, fourth respondent - the Additional Director General of Police (Intelligence), Government of Kerala has made a report to the 3rd respondent – the State Police Chief, Police HeadQuarters, Thiruvananthapuram that the Pro-Government Police Association had collected, postal ballots of officers on election duty by threat and intimidation and exercised votes by proxy against the wishes of the officers on election duty, and the third respondent in turn has informed the second respondent – the Chief Electoral Officer, Legislative Complex, Thiruvananthapuram for an enquiry and prosecution proceedings against the guilty officers. The further contention is that the alleged fraud was made possible on the basis of a Circular issued by the State Police Chief whereby Nodal Officers were appointed for collecting Form 12, request for postal votes for those who are on election duty. It is the further case of the petitioner that Rule 20 of the Conduct of Election Rules , 1961 provides that a voter on election duty who wishes to vote by post at an election shall send an application in Form 12 to the Returning Officer so as to reach him at least seven days or such shorter periods the Returning Officer may allow before the date of poll; and if the Returning Officer is satisfied that the applicant is a voter on election duty he shall issue a postal ballot paper to him. Therefore, according to the petitioner, the said provisions would make it clear that the voter on election duty who wishes to vote by post alone, shall collect application in Form 12 and send it to the Returning Officer and not by any other agent or other officer; and it is only on the subjective satisfaction of the Returning Officer that the applicant, is a public servant and voter, on election duty, he shall issue ballot paper to him. It is the case of the petitioner that it is in total disregard to the same, the State Police Chief has issued the Circular dated 9.4.2019 whereby, directions are issued to the concerned officials and other unit heads of Police Departments to designate an officer in the rank of Additional Superintendent of Police/Additional Deputy Police Commissioner/Commissioner of Police/ Assistant Commissioners a Nodal Officer and authorizing them to collect Form 12 from the Returning Officer and distribute the same to the Police Personnel who are on election duty. The Circular is produced as Ext.P1 along with the writ petition. The sum and substance of the contention is that the said Circular is totally illegal and against Rule 20 of the , 1961, liable to be interfered with by this court. It is also the case projected by the petitioner that anticipating malpractice in postal ballot, petitioner has submitted Ext.P2 representation dated 2.4.2019 before the State Police Chief. However, no action was initiated and consequent to which, the Association office bearers of the Police Association played a very instrumental role in securing ballot papers of the officers on election duty and exercising the votes by proxy in favour of Left De