The division judge bench of the Andhra Pradesh High Court directed the Election Commission of India to consider as to whether ladies who are in family way should be permitted to cast their vote through postal ballot or not.
Brief facts
The present public interest litigation is filed highlighting the issue that pregnant women are prevented from casting their vote and therefore, just as the Government permitted the senior citizens above the age of 85 years to cast their vote through postal ballot, by amending the Conduct of Election Rules, 1961, a similar provision ought to be made by the Government/Election Commission of India for enabling such like women who are in a family way to cast their vote through postal ballot.
Contentions of the Respondent
The Respondent contended that the elections had already been notified and were in progress, therefore, the issue raised by the petitioner could be conducted by the Election Commission of India, which would hold good for the elections whenever they are conducted in the future.
Observations of the court
The Hon’ble Court directed to the respondents that they should view the present petition as a representation on which an appropriate decision should be taken by respondent No.1/Election Commission of India to consider whether ladies who are in a family way should be permitted to cast their vote through postal ballot or not.
The decision of the court
With the above direction, the court disposed of the Writ Petition.
Case title: Kesana Vishnu Vardhan Goud V. The Election Commission Of India/ECI and Others
Coram: Hon’ble Mr. Chief Justice Dhiraj Singh Thakur, and Hon’ble Mr. Justice R. Raghunandan Rao
Case No.: WP(PIL) NO: 107 of 2024
Advocates for the Respondent: Mr. Avinash Desai for D S Sivadarshan, Vivek Chandra Sekhar S, Jupudi V K yagnadutt
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