New Delhi: Raising its concern over the unconstitutional and illegal expansion of postal ballots facility to cover voters of 65 years of age and above, including COVID-19 patients, the Congress on Friday petitioned the Election Commission (EC) against the government's move and demanded its reversal.
The party, in a meeting held through video-conferencing, urged the commission to utilise its powers under Article 324 of the Constitution and direct an immediate withdrawal of the decision.
Elections to the 243-member Bihar assembly are due before November 2020.
The Law Ministry on Thursday amended the Conduct of Election Rules, 1961 to extend the postal ballot facility to electors aged 65 and above, as also COVID-19-positive patients under home or institutional quarantine.
"The manner in which this decision has been taken demonstrates a complete non-application of mind and a shocking circumvention of any consultation process with the key stakeholders (i.e. any other political parties other than the ruling regime)," Congress said in its memorandum to the EC.
Party leaders Ahmed Patel, Randeep Surjewala, Abhishek Singhvi and Pranav Jha said that even upon a cursory examination, the numerous legal deficiencies in this decision becomes apparent.
"In our considered opinion, the present amendment is a brazen attack on not only the democratic structure of our nation but also represents an abdication of duty by this commission of its powers and responsibility enshrined under Article 324 of the Constitution of India," they said. "In fact, this amendment directly offends and violates Article 324 by reducing the scope for the conduct of "free and fair elections", the protection of which is the heart and soul of this Constitutional protection," the memorandum said.
Citing that about 18 per cent of postal votes in 2019 Lok Sabha elections were rejected, the Congress said, "Since a large number of voters in India are uneducated, they might utilise the services of others at numerous stages and end up disclosing their preferred candidate, which will completely give up the aspect of maintaining secrecy in their voting."
Notably, the issue was first raised by CPI(M) general secretary Sitaram Yechury, who had written to the ECI objecting to the "unilateral measures" being taken by the poll panel in "altering" electoral procedures without consulting political parties, and asked if the "tearing hurry" was due to the upcoming Bihar assembly polls.