The Madhya Pradesh High Court on Friday rejected revision petitions challenging the order 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 Rajya Sabha polls for three seats from the state, scheduled to be held on Saturday.
A single bench of Justice SK Gangele issued the directives yesterday on a petition filed by the Congress challenging the EC declining an application for issuing postal ballot for Katare.
Bharatiya Janata Party (BJP) leader and independent Rajya Sabha candidate Vinod Gotiya and the Election Commission of India (ECI) had filed revision petitions challenging the order. A division bench of acting Chief Justice Rajendra Menon and Justice AK Srivastava today rejected the revision petitions.
Katare is admitted in a hospital in Mumbai owing to health-related reasons. The Congress had filed petition seeking the issuance of postal ballot. The EC challenged the petition on the ground that the question of right to vote does not arise as it was filed by the Madhya Pradesh Congress Committee (MPCC).
Besides, the EC contended that rules do not prescribe whether postal ballots could be issued on health grounds. The EC also stated that the court could not intervene once the election process is set into motion.
The MPCC told the division bench that there is provision of issuing postal ballot under sections 18 (C) and 64 (A) for Rajya Sabha elections. The Congress pointed out that the rules also do not prevent issuing of postal ballots to an ailing person.