New Delhi: The Supreme Court on Tuesday disposed of a clutch of petitions seeking direction to the Centre and the Election Commission to allow postal or proxy voting by NRIs and migrant workers.
A bench, headed by Chief Justice U.U. Lalit and comprising Justice Bela M. Trivedi, noted that Attorney General R Venkataramani has assured that steps will be taken to ensure persons living outside and migrant labourers are part of the electoral process.
It also took note of AG’s submissions that voting facilities shall be extended by maintaining the confidentiality of elections. The top court noted that notice on the lead PIL filed by Nagender Chindam was issued in February 2013.
The bench told counsel representing the petitioners that in matters where a committee has been formed by the Election Commission followed by tabling of a bill in one of the houses of Parliament, the court, against this backdrop, is not inclined to entertain the petitions any further.
Some of the petitions in the matter have been pending for close to 10 years, it said.
“Sorry. We will just close this,” said the Chief Justice, after considering the AG’s assurance in the matter.
The bench told counsel after a notice was issued in the matter, the Election Commission formed a committee to examine the matter and its recommendations were accepted.
The petitioners’ counsel had argued that several countries have adopted external voting, conducted by setting up polling booths at diplomatic missions or through postal, proxy or electronic voting.
Disposing of the petitions, the top court, in its order, noted that a report was submitted by the committee in the court and the Centre also accepted the recommendations made by the Election Commission. It added that the government decided to introduce the Representation of Peoples Amendment Bill in 2018 in the Lok Sabha to amend a provision of section 60 of the Act, and it intended to enable the overseas electors to cast votes through proxy. However, the Bill which was passed in the Lok Sabha could not be introduced in the Rajya Sabha and it lapsed and since then there has been no development, said the top court.
It recorded the the AG’s submissions that matter is still engaging the concerned authorities and a solution will be found to allow overseas persons and migrant workers to cast their votes with confidentiality.
The top court was hearing petitions filed by Chindam, chairman of the London-based Pravasi Bharat organisation, and other NRIs.
‘Misconceived’, SC junks plea against Justice Chandrachud becoming CJI
The Supreme Court on Wednesday dismissed a petition seeking to restrain Justice D.Y. Chandrachud from taking oath as the 50th Chief Justice of India on November 9.
A bench headed by Chief Justice of India U.U. Lalit told the petitioner’s counsel, “We see no reason to entertain the petition, petition is misconceived,” and dismissed it.
During the hearing in the matter, the petitioner’s counsel cited certain “irregularities, illegal acts” allegedly committed by Justice Chandrachud. The bench, also comprising Justices S. Ravindra Bhat and Bela M. Trivedi told the counsel: “We do not see any substance in this petition”.
In a case related to Covid vaccination, the counsel submitted that when a senior advocate appeared, Justice Chandrachud’s bench allowed tagging, but when a junior advocate appeared no tagging was allowed.
He further argued that Justice Chandrachud’s bench heard a special leave petition arising out of an order in the Bombay High Court in which his son had appeared as a counsel.
The petition was filed on the basis of a representation filed by one Rashid Khan Pathan before the President of India against Justice Chandrachud.
The Bar Council of India (BCI) and the Supreme Court Bar Association (SCBA) have issued statements condemning the letter circulated against Justice Chandrachud.
The petition was mentioned by a counsel for urgent listing by the petitioner’s counsel Wednesday morning before a bench headed by Chief Justice Lalit. The counsel submitted that the oath is on November 9 and requested for urgent listing. The top court listed the matter for hearing at 12.45 p.m.
