N.M. TAHA Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The main apprehension raised in these writ petitions is that not all voters may be able to cast their votes at the polling booths set up by the Election Commission for the ensuing Local Self Government Institutions election 2025 in Kerala within the statutory time allotted for polling. I will discuss it in detail in this judgment.

(2.) In a democracy, if a voter reaches the polling booth but leaves the polling station without casting his vote upon seeing a long queue of voters, that is the death knell of democracy and reflects nothing but the failure of democracy. Long queues can be a barrier to voting, especially for those with limited time, mobility, or resources. The long wait may be due to inadequate polling booth infrastructure, insufficient staff, or poor management. In such situations, the voters may feel frustrated or disenchanted with the democratic process, leading them to abandon their right to vote. That is why I said that if such an apprehension arises in the mind of a single voter who is coming to a polling booth, that will be the death knell of democracy.

(3.) First, I will narrate the facts in these two cases. WP(C) No.34746/2025 is filed by a 77-year-old senior citizen who is ambitious to cast his vote in Ward No.12 [part 1] of Velloor Grama Panchayat, Kottayam District. According to the petitioner, he and his family, consisting of more than 100 voters, are registered in the said electoral ward. The grievance of the petitioner arises from the decision of the State Election Commission, as evident from Ext.P3, which restricts each polling station to only one polling booth and leaves the system of auxiliary booths unmentioned. According to the petitioner, in local body elections, every voter has to cast three votes, and therefore, in a station with 1,000 voters, effectively 3,000 votes are to be polled. It is submitted that practical experience shows it is not possible to complete such polling within 12 hours if only one booth is provided, which may result in the denial of the right to vote for a large Sec. of the electorate. It is stated that the petitioner, being a senior citizen with health issues, and similarly placed voters, including women, aged persons, and differently abled citizens, would be put to severe hardship and discrimination if this procedure is adopted by the Election Commission. The petitioner submitted Ext. P2 representation to the election commission, but there is no response. Hence, WP(C) No.34746/2025 is filed.