DMK leader moves Madras HC seeking list of ‘absentee voters’

DMK principal secretary K.N. Nehru has moved the Madras High Court seeking a route to the Election Commission of India (ECI) and Tamil Nadu’s Chief Electoral Officer (CEO) to furnish an Assembly constituency-wise list of voters aged above 80 and bodily challenged individuals, who had been categorised as ‘absentee voters’ and permitted to solid their votes by postal poll.

When the matter was listed for admission earlier than Justices M. Sathyanarayanan and A.A. Nakkiran on Monday, the judges doubted whether or not the case must be listed earlier than them as per the allotted portfolio.

They mentioned the High Court Registry, too, was not sure about this, and required a day to establish the factual place. Therefore, they adjourned the matter to Wednesday for taking an applicable resolution.

Transparency important

Appearing on behalf of the writ petitioner, senior counsel R. Viduthalai, assisted by advocate S. Manuraj, informed the court docket that transparency within the electoral list was a sine qua non, and that neither the CEO nor the ECI may refuse to reveal the list of absentee voters. He mentioned all political events have been entitled to see the list of voters who had been given an exemption from casting their vote on the polling cubicles.

Mr. Nehru submitted that the Representation of the People Act of 1950 and 1951, and the Conduct of Election Rules of 1961 have been the three major legal guidelines governing the conduct of elections within the nation. The ECI had, on August 7, 2020, issued a letter to the CEOs of all States and Union Territories, besides these in Bihar, Haryana, Maharashtra, Jammu & Kashmir and Ladakh.

The communication insisted upon finishing up a particular abstract revision of picture electoral rolls to achieve the ECI’s aspiration of guaranteeing that no voter is left behind. As per the letter, an built-in draft electoral roll must be printed on November 16, claims and objections must be entertained until December 15 and the claims disposed of earlier than January 5, and the ultimate electoral roll must be printed on January 20.

Stating that the ultimate electoral roll was printed as per schedule and it was additionally made obtainable on the Tamil Nadu CEO’s web site, the petitioner famous that an modification to the Conduct of Election Rules in 2019 had launched a particular class, referred to as ‘absentee voters’. It included voters employed in important providers, these above 80 years of age and the bodily challenged.

Claiming to have made a illustration to the CEO on Nov. 18, 2020, to furnish a replica of the list of absentee voters, the petitioner mentioned the CEO ought to have furnished the list instantly. However, the officer, on November 27, informed the petitioner that he had already written an official letter to the ECI, seeking its permission to accede to the request.

“I submit that the CEO has widely abandoned the duties vested upon his office and acted merely like a post office transferring the communications to Respondent No. 1 (ECI) herein. The powers and duties demarcated under the 1951 Act would amply show that the CEO has been entrusted with plenary powers to take all necessary actions in furtherance of the election process,” the petitioner added.