CHENNAI: Pointing out that the deadline for government employees engaged in essential services to apply for postal ballots has lapsed, the Madras High Court on Wednesday refused to issue orders to the Election Commission of India (ECI) for enabling the Railways department staff to cast their vote through postal ballot.
The first bench of Chief Justice SV Gangapurwala and Justice J Sathya Narayana Prasad, while disposing of a petition filed by a Southern Railway officer in Madurai, Ramkumar, said, “In view of the timeline, it is not possible now to direct the ECI to print additional ballots and permit the petitioner to vote by postal ballots.” It added that it would not be appropriate to issue any directions at eleventh hour.
However, recording the submission of the counsel for the Railways, court directed the department to consider granting leave to employees on a case-to-case basis so that they can cast their votes.
The counsel for ECI, Niranjan Rajagopalan, submitted that a notification on the postal ballots was issued under section 60 (c) of the Representation of the People Act, 1951 and the Railways was intimated on the notification of the essential services by February 10, and reminder was sent seeking response by February 20.
But they had addressed the response to the Chennai district collector who has no role in the election. A representation was received only on April 2 by then the cut-off date, March 25, for the voters to apply for postal ballots has lapsed.
“If the applications are not received by March 25, none can be permitted to vote, he said, adding that the ballot papers are printed depending on the number of applications received. Additional ballot papers cannot be printed at this juncture,” he told the bench.