The Madhya Pradesh High Court on Thursday issued directives to the Election Commission for the issuance of postal ballot to ailing Congress legislator and leader of the Opposition in state Assembly leader Satyadev Katare for exercising his voting rights in the Rajya Sabha polls for three seats from the state, scheduled to be held on June 11.
A single bench of Justice SK Gangele issued the directives on a petition filed by the Congress challenging the
EC declining an application for issuing postal ballot for Katare.
The petition noted that the Assembly has 230 members comprising 166 of the Bharatiya Janata Party, 57 of the Congress, four of the Bahujan Samaj Party (BSP) and three independents. A candidate needs 58 votes to romp home. Thus, Congress candidate Vivek Tankha needs only one vote for victory.
In the plea, petitioner said that there is provision of issuing postal ballot under section 18 (C) and 64 (A) for Rajya Sabha elections.
Earlier, the EC told the court that the application for postal ballot was not in accordance with the format. Besides, rules do not prescribe whether postal ballots could be issued on health grounds. The Commission also raised objection at the petition being filed by the Congress instead of Katare. The EC also stated that the court could not intervene once the election process is set into motion.
Congress' counsels Rajendra Tiwari and Shashank Shekhar told the court that the Congress had applied for the postal ballot. Therefore, it had filed a petition before the court.
Besides, the petitioner pointed out that postal ballots are issued to legislators incarcerated in prison. However, postal ballots are not being issued to an ill person.
The rules also do not prevent issuing of postal ballots to an ailing person. later, the court issued the directives and fixed June 15 as the next date of hearing.