Supreme Court Dismisses YSR Congress Party's Challenge To ECI Circular Relaxing Postal Ballot Norms In Andhra - 2024-06-03

The Supreme Court on Monday(June3) refused to entertain a petition filed by YSR Congress Party challenging relaxation of postal ballot norms by the Election Commission of India in the State of Andhra Pradesh.

The vacation bench of Justices Aravind Kumar and Sandeep Mehta endorsed the approach taken by the Andhra Pradesh High Court in not interfering with the ECI's decision and giving liberty to the petitioner to challenge it in an election petition after the declaration of results, which is happening tomorrow.

"In the facts and circumstances of this case, we do not find any merit," the bench observed dismissing the petition filed by the YSRCP.

Senior Advocate Dr Abhishek Manu Singhvi, appearing for the YSRCP, submitted that the rules regarding postal ballots were changed by a circular issued by the Election Commission of India on May 30 and the same was applicable only in the State of Andhra Pradesh. As per the circular, Form 13A(form to request for postal ballot), can be accepted only with the signature of the attesting officer even without the name and designation of the attesting officer. Singhvi said that anybody can scribble anyone's signature and potential for mischief is there if forms without the stamp and designation are accepted. He submitted that the only prayer is that the postal ballots should be counted strictly in accordance with the Conduct of Election Rules, ignoring the May 30 circular of the ECI. The circular in any case cannot supersede the Rules, he argued. He took objection to the refusal of the Andhra Pradesh High Court to interfere with the matter on the ground that an alternative remedy is available in the form of an election petition. The senior counsel argued that the bar for judicial interference in election matters is not applicable to petitions which are in aid of the election process.

"Attestation can't be there with a scribble. There has to be stamp and seal of the officer," Singhvi submitted.

Briefly put, the petition was filed assailing Andhra Pradesh High Court order of June 1, whereby YSRCP's writ petition over the same issue was dismissed, with liberty to raise the contentions through an election petition. It was prayed that the counting of votes scheduled on 04.06.2024 take place in accordance with the Conduct of Elections Rules, 1961 and ECI's instructions (of 2023).

The dispute had arisen in connection with about 5 lakh votes cast in State of Andhra Pradesh through postal ballots. As per Conduct of Elections Rules, 1961, if a postal ballot is not duly signed (by the elector) and attested (by an authorized officer), it is to be rejected. The only exception (as per ECI Instructions of July, 2023) is when the authorized officer does not put his seal on Form 13A, but otherwise mentions his name and designation.

On 30.05.2024, Chief Electoral Officer, Amravati, Andhra Pradesh issued a Circular, stipulating that even if Form 13A only contains the signature of the attesting officer, the same is to be accepted. Aggrieved by this, YSRCP approached the High Court. On dismissal of its petition on the ground of availability of alternative remedy, the Party filed the present case before the Supreme Court.