K.SANTHA KUMAR Vs. CHIEF ELECTORAL OFFICER

JUDGEMENT

(1.) The writ petition has been filed to issue appropriate direction to all District election Officers to issue pre-filled Form-12 to those left over election duty staff of their respective department as per their database consequently on receipt of Form- 12 after signature of the election duty staff issue postal ballots atleast 5 days prior to the counting i.e., on 23.05.2019.

(2.) The writ petitioner K.Santha Kumar, resident of Maduravoyal, Chennai, claimed to be an eligible elector enrolled with Madhavaram Assembly Constituency in Part No.66, Sl.No.287. He claimed that his election commission identity card No.KRC8938227. He is a teacher at Government Higher Secondary School, G.K.M.Colony, Chennai. He was given polling duty as Polling Officer No.1 at Polling Station No.293, Chennai Primary School, Vyasarpadi, Chennai, which falls within the Perambur Assembly Constituency. He had discharged his work as Polling Officer. Since he was a polling officer, he was entitled to cast his vote through postal ballot. For casting the vote through postal ballot, a pre-filled form has to be given by him, wherein he should mention the address to which the ballot paper must be given. The pre-filled form includes details regarding his name, his EPIC number and Assembly Constituency under which his residence falls. The writ petitioner had given his EPIC No. in the said form as SCY2160695. Since there was a mismatch in the EPIC number as given in the form, the petitioner was not given the ballot paper. He could not, therefore, vote. He then relied upon the newpaper articles, wherein news was published that several thousands of similarly placed officials, who did polling duty were denied their right to vote. It is under these circumstances that he had filed the present writ petition, claiming a direction to all the District Election Officers to issue pre-filled Form 12, to those who have been left out, atleast 5 days prior to the counting and also pass such further orders to enable them to exercise their valuable right as electors and participate in the election proceedings.

(3.) In the typed set of papers filed along with the affidavit of the writ petition, a news article in the Hindu Tamil Daily dated 11.05.2019 and another news article in the Times of India dated 12.05.2019 have been enclosed. It is stated by Mr.N.R.Elango, learned Senior Counsel that several thousands of similarly placed postal voters were denied their right, since, according to them, the respondents failed in their duty to provide pre-filled forms / opportunity to cast their postal ballot papers.