Postal ballot voting is violation of right to secrecy to vote, right to free and fair elections: Mamata Banerjee-led TMC tells EC

TMC said the amendment directly interferes with the conduct of free and fair elections, which is the bedrock of the democracy and has been enshrined as a basic feature in the constitution.

File Photo (PTI)

Kolkata: West Bengal Chief Minister Mamata Banerjee-led Trinamool Congress (TMC) on Monday (July 6, 2020) wrote an official letter to the Chief Election Commissioner Sunil Arora stating that the postal ballot voting is a violation of the right to secrecy to vote and right to free and fair elections.

TMC's General Secretary Subrata Bakshi was referring to the amendment by the Election Commission of India on July 2 allowing people above 65 years of age and COVID-19 patients to vote through postal ballot.

"We consider this move of wanting those above 65 years of age to vote through postal ballots as arbitrary, mala fide, unconstitutional, and ex-facie a violation of the right to secrecy of the vote, right to free and fair elections, and right to health of the citizens of India," stated Subrata. 

He added that the amendment seeks to effectively disenfranchise those above the age of 65 from exercising their right to vote while denying them a fair, equal, and reasonable chance to participate in elections. 

"The said amendment is also permanent in nature rather than a temporary arrangement to deal with the ongoing pandemic. Our party is of the opinion that this amendment, issued without adequate consultation with the political parties, is antithetical to a robust and inclusive democracy," said Subrata.

He added, "Safeguarding the right to secrecy of the voter, who he or she chooses to vote for, is essential for free and fair elections. The amendment violates this fundamental premise as it increases the chances of disclosure of voters' preferences to the public at large. 

"This will lead to elections being held with an all-pervading fear among the voters. Additionally, the postal ballot system is highly susceptible to the coercive influence of many nefarious elements, ruling party agents, government officials, and that leading to mass rigging of the election," opined Subrata.

The Rajya MP from West Bengal also said the amendment directly interferes with the conduct of free and fair elections, which is the bedrock of the democracy and has been enshrined as a basic feature in the constitution. 

"The amendment seeks to suggest that it has been notified to protect the right to vote of COVID-19 patients and/or those at high risk. However, upon careful examination, it is evident that the cumbersome process for voting via postal ballots will put the elderly at a greater risk of getting infected by the virus," he said.

Subrata stated that as per current rules, an elderly person will have to expose himself to the ongoing pandemic at various stages to cast his vote through a postal ballot at the time of recording his vote before the Magistrate or a specified officer, at the time of notarisation and affirmation, and at the time of posting the vote by way of a postal service. 

"Thus, the amendment puts at risk the lives of many for the sake of petty political benefits," said Subrata.

"This amendment also seeks the officers to be physically present and attend each of the electors above 65 years while they cast their vote. This would substantially increase the expenses incurred by the public exchequer," added Subrata. 

"The postal ballot voting system is sure to cause the elderly voter to bear extra cost for exercising his/her right to vote, and this pressure to bear this additional cost will most definitely deter them from exercising their voting rights," said TMC General Secretary.