SC rejects YSRCP plea against relaxed postal ballot norms in AP

The Supreme Court on Monday refused to entertain a plea filed by the YSR Congress Party challenging the Election Commission's decision to relax the postal ballot norms for Andhra Pradesh.

The party had assailed the order of the high court by which its petition was dismissed with liberty to raise the contentions through an election petition.

A vacation bench of Justices Aravind Kumar and Sandeep Mehta said in the facts and circumstances of the case, the court was not inclined to interfere with the June 1 order of the Andhra Pradesh High Court.

The YSR Congress Party had challenged the EC's May 30 circular which relaxed the norms of the attestation of postal ballots for Andhra Pradesh because it was discriminatory to the state.

During the hearing, senior advocate Abhishek Singhvi and advocate Mahfooz Nazki, appearing for the YSRCP said that EC has changed the rules mid-way through the elections and that the norms will be different for other states including the neighbouring Telangana.

Singhvi said the procedure governing casting/verification and counting of postal ballots is envisaged under Conduct of Election Rules 1961 and the instructions dated July 19, 2023, issued by the Election Commission of India (ECI).

He said in terms of Rule 27F of the Conduct of Election Rules, the declaration in Form 13A is to be signed in the presence of an authorised officer, who also has to attest to the said signature.

"The said declaration that is duly attested is to be kept in a cover marked as Form–13A. Thereafter, the said officer is necessarily required to put his designation, signature, and seal in the said 13A Form," he submitted.

The senior lawyer said that in terms of Rule 54A (4) if the declaration made in Form 13A is not "duly signed and attested", it is to be rejected.

"Strangely, the ECI issued the impugned circular dated May 30, 2024, only in respect of the state of Andhra Pradesh providing that even if Form 13A only contains the signature of the attesting officer, the same is to be accepted," he said.

Singhvi added the said action of the Election Commission is ex-facie unsustainable and contrary to the Conduct of Election Rules 1961, the instructions dated July 19, 2023, and the statutory Form 13A.

"It is settled law that a circular cannot override a statute or rules framed thereunder," he said, adding the circular dated May 30, 2024, applies only to Andhra Pradesh and no other state and therefore, it is violative of Article 14 of the Constitution.

The senior lawyer said the circular has been issued after 17 days from the date of polling in Andhra Pradesh, which took place on May 13, 2024, and therefore raises suspicion regarding the motives.

Justice Kumar told Singhvi, "Ultimately it boils down to what? Improper acceptance or rejection of postal ballots. For improper acceptance or rejection of votes, you have remedies under the law."

The YSRCP's petition said the matter relates to the validity of certain postal ballots (around 5 lakh votes) cast in Andhra Pradesh (1.5 per cent of the total ballots cast).

"The high court has erred in not even considering the matter on merits and has solely dismissed the writ petition on the grounds of existence of an alternate remedy," it said.

The party said that the results of the assembly as well as parliamentary constituencies are scheduled to be declared on June 4, 2024, and if invalid votes are taken into account, the same is bound to cause grave prejudice to the petitioner.

"It is most respectfully submitted that the respondent (ECI) by issuing the impugned circular letter dated May 30, 2024, has acted in a completely arbitrary and erroneous manner," the YSRCP said.

It added that an election petition would not be an efficacious or alternative remedy since the entire election conducted in Andhra Pradesh (175 assembly and 25 parliamentary seats) will have to be nullified if this court eventually finds that the process is violative of the rules.

"The petitioner has only prayed that the counting of the postal ballots takes place by Rules 1961 and the Instructions dated July 19, 2023," it said.