The Supreme Court on Thursday asked the Election Commission of India to reply to a petition filed by Gujarat Legislative Assembly Opposition leader Paresh Dhanani, challenging the use of postal ballots in the biennial elections to Rajya Sabha scheduled on June 19.
A Bench led by Chief Justice of India Sharad A. Bobde heard the urgent oral mentioning made by senior advocate A. M. Singhvi and advocate Varun K. Chopra on behalf of Mr. Dhanani and initially asked them to approach the Gujarat High Court.
However, the lawyers persisted that a direction issued by the poll body on June 17 allowing postal ballots dated 17.06.2020 issued by the Election Commission allowing postal ballots in the Rajya Sabha elections was violative of various provisions of the Conduct of Election Rules of 1961.
Mr. Singhvi submitted that by issuing the notification a day before the elections, the Commission has virtually diluted the provisions to check cross-voting contained in the Tenth Schedule of the Constitution read with Rule 39AA of the Conduct of Election Rules, 1961.
The lawyers also contended that issuing the direction just a day before the election abrogated the method of voting in Rajaya Sabha elections mandated under the law.
The court scheduled the case for further hearing in July after it re-opens post vacation.
