The Supreme Court has asked the Election Commission to present a scheme by Monday to allow voting rights to Army personnel in far-flung border posts.
Finding it unreasonable how the Commission guidelines prevented men in uniform to serve three years tenure at the post to be eligible to vote, the bench lashed out against the poll panel for depriving soldiers of their right to vote.
“The right to vote is the most important and precious right in democracy. You have to look into the convenience of these voters (Defence personnel at border) as they stand on a different footing,” said a bench of Justices RM lodha and NV Ramana. The Court was dealing with a petition filed by advocate Neela Gokhale who had challenged the EC guideline that made it impossible for soldiers posted at the border to vote.
The guideline specified that “armed and paramilitary personnel should have three years’ tenure and the family should also be registered as voters.”
The Court agreed with the petitioner that the constant transfer of soldiers ensured that they never remained at one post for more than one or two years. Some of these posts included inhospitable terrains in Jammu & Kashmir till far-east posts in Arunachal Pradesh and Assam.
Although the Army shot several representations in the past for EC to reconsider the rules, no response was forthcoming. The bench questioned EC for sitting on these representations without choosing to act now with the elections to be held within a month. Senior advocate Meenakshi lekhi pointed out on behalf of EC that endeavours are being made and CEC as late as on February 13 this year had addressed this concern to the law Ministry.
The Commission believed that in border posts where armed personnel are deployed, they far outnumbered the civilian population and thus, could tilt the results against the popular will of the people in that constituency. The personnel do have the alternative of exercising postal ballots, but that is often too tardy and delayed.
But the Court refused to take any excuses demanding a positive proposal by Monday. It reminded EC of its constitutional duty to ensure every voter exercises his voting right. “We do not want to impose our direction on you but our concern is not a single voter should be denied the right to vote,” the bench added.