https://wwwsekarreporter.wordpress.com/2021/01/07/postal-ballot-case-which-came-up-before-chief-justice-bench-mr-p-wilson-appearing-for-dmk-party-submitted-that-section-60-c-of-the-representation-of-peoples-act-1951-is-against-the-basic-feature/ [1/7, 17:03] Sekarreporter1: Today in postal ballot case which came up before Chief Justice bench , Mr P. Wilson appearing for DMK party submitted that section 60 (c) of The Representation of Peoples Act, 1951 is against the basic feature of the Constitution in as much as it violates the secrecy in voting guaranteed in direct elections, which is a sine qua non for ensuring free and fair elections and maintaining purity

[1/7, 17:02] Sekarreporter1: https://wwwsekarreporter.wordpress.com/2021/01/07/postal-ballot-case-which-came-up-before-chief-justice-bench-mr-p-wilson-appearing-for-dmk-party-submitted-that-section-60-c-of-the-representation-of-peoples-act-1951-is-against-the-basic-feature/
[1/7, 17:03] Sekarreporter1: Today in postal ballot case which came up before Chief Justice bench , Mr P. Wilson appearing for DMK party submitted that section 60 (c) of The Representation of Peoples Act, 1951 is against the basic feature of the Constitution in as much as it violates the secrecy in voting guaranteed in direct elections, which is a sine qua non for ensuring free and fair elections and maintaining purity in elections, and therefore unconstitutional.

He submitted that secrecy in voting is guaranteed in the Representation of people’s Act which forms a fundamental foundation free and fair elections and for establishment of Parliamentary democracy . The impugned section 60 (c) of RP Act gives the executive to name any one to be entitled for postal ballot who can skip from the polling booth and political parties audit and therefore such unbridled uncanalised power is antithesis and arbitrary to law Andes liable to be quashed. He submitted that the violence the impugned section is causing is borne by the fact that the Election commission has brought a new and surprising class of voters called absentee voters who are not of class themselves. He said the new rules has brought 4 category of absentee voters (a) Persons employed in essential services (b) persons above age 65 years (c) persons with disability (d) persons affected or suspect of COVID 19.
Mr P. Wilson submitted that these 4 category of voters will skip polling booth and vote behind the screens and role of political party auditing them is zero. He said the persons employed in essential services is very vague and no definition given in the act and rules . He said EC can call any services as essential services. He said the age of 80 years in 2019 rules for senior citizens is modified to 65 years in 2020 rules . He wondered how election commission can pass notification declaring now the age as 80 years of senior citizen without any amendment of rules. He further submitted that the COVID 19 affected or COVID 19 suspect persons is too vague as date of acquiring disease or affected is not said in the rules . He further submitted that persons with disability is very vague. What is the extent of disability is not stated in the rules or act . He further submitted that special electoral rolls for them is against Art325 and these voters will loose secrecy in voting
When Chief Justice asked how secrecy is affected he said the absentee voters will not have the Guarantee of privacy which affects his right to choose and vote freely without any fear, family pressure and that affects his secrecy rights and freedom of expression which is bedrock of purity in elections and free and fair elections .
The CJ bench issued notice returnable by 4 weeks and said that prayer for interim order will be considered after notice on the central government.

You may also like...