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Probes Postal Ballot Chaos: ECI Told to Weigh Late Votes Before Counting Day
In a timely intervention ahead of Kerala's vote counting on , the has directed the to clarify a key provision on postal voting for officials on poll duty. Justice P. Krishna Kumar, presiding over a , heard a batch of from unions and state employees who claim they were denied their ballots despite being assigned duties outside their home constituencies. The court has postponed the matter to for ECI's response, spotlighting potential in the recent assembly elections.
"Ballots That Vanished": Poll Workers' Desperate Plea
The petitions—WP(C) Nos. 14379, 15283, 15315, 15377, 15681, and 15761 of 2026—were filed by groups including the , , and individuals like Sandeep C.P., Muhammad Sinan VP, and Abins Karim. These petitioners, mostly government employees on election duty for the polls, allege systemic failures in ballot distribution.
Reports from across Kerala paint a picture of frustration: officials expected to vote during training sessions from , but many ballots arrived late—some as late as —or not at all. Facilitation centres and pre-polling distribution points offered second chances, yet delays persisted, with ballots often landing after staff had departed for remote stations. Widespread protests erupted at several centres, as workers decried being robbed of their franchise while upholding democracy.
The core demand? Permission under , to submit postal ballots to returning officers right up to the counting hour, averting what petitioners call a "large-scale denial" of voting rights.
ECI Pushes Back: "Integrity Over Late Fixes"
The ECI, represented by
, countered sharply in a submitted statement. Any mid-process tweaks—like redistributing ballots or reopening centres—would
"compromise the
"
of elections, it argued. With polling wrapped and counting imminent, further arrangements were deemed "not feasible," prioritizing electoral purity over individual relief.
Petitioners dismissed this, urging an inquiry into "administrative and logistical lapses," accountability for officials, and a foolproof system for future polls to prevent duty-bound voters from missing out.
Rule 27 in the Spotlight: A Window Before the Count?
At Friday's hearing, petitioners' counsel hammered
Rule 27
, which mandates postal ballot papers reach the
"
."
They argued this explicitly allows redress
"at any time before the counting,"
even now.
Justice Krishna Kumar seized on this, directing ECI counsel:
"The learned Standing Counsel appearing for the Election Commission is directed to take instructions as to the above submission."
No precedents were cited, but the order underscores the rule's plain language, potentially opening a narrow path for late ballots without upending the process.
Key Observations
"as per Rule 27 of the Conduct of Elections Rule, 1961, the ballot papers to reach the , and thus the grievance could be redressed at any time before the counting."
(Petitioners' submission, noted by the court)
"Post on on the top of the list."
(Court's directive, emphasizing urgency)
What Happens Next? A Tipping Point for Tight Races
The court stopped short of immediate relief, listing the cases atop the roster for ECI's instructions. If Rule 27 prevails, thousands of postal votes could still influence razor-thin margins—postal ballots often prove decisive.
This saga highlights vulnerabilities in India's postal voting for the 1.5 crore-plus election workforce. A favorable ruling could mandate better logistics ahead, ensuring those guarding the ballot box aren't sidelined from it. For now, Kerala's poll staff await clarity, their votes hanging in procedural balance.
