#postal voting and assembly elections; voters in kozhikode

[indiarightnow]

Voters in absence exercise franchise in Kozhikode

Voters in absence exercise franchise in Kozhikode

On the first day of polling for staff attached to essential services, 1,354 votes were polled in Kozhikode district. They include 59 in Vadakara, 105 in Kuttiady, 42 in Nadapuram, 141 in Koyilandy, 171 in Perambra, 183 in Balussery, 155 in Elathur, 78 in Kozhikode North, 37 in Kozhikode South, 56 in Beypore, 188 in Kunnamangalam, 78 in Koduvally, and 61 in Thiruvambady. This was for the first…

[tsugeethnow]

Will the NRI’s gain the permit to cast their votes via ETPBS as Service voters?

During this pandemic period, we have seen that COVID patients, as well as infected acquaintances and all those, were quarantined were given a chance to vote via postal ballot system as approved by the Election commission & the Law Ministry.

Will this system continue to be in roll for all NRI voters permitting them to vote via ETBPS like that of Service voters?

What is ETPBS?

In 2016, Service voters (a member of the Armed Forces of the Union; or a member of a force to which provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modification; a member of an Armed Police Force of a State, and serving outside that State; or a person who is employed under the Government of India, in a post outside India) were allotted to use the ETPBS by amending ‘the Conduct of Election Rules, 1961′. 

ETPBS stands for Electronically Transmitted Postal Ballot System. Under this system, postal ballots were sent electronically to registered service voters. The service voter can then download this ETPB Electronically Transmitted Postal Ballot along with a declaration form and covers. The Service voter then registers their mandate on the ballot and send it to the returning officer of the constituency via ordinary mail along with an attested declaration form which is signed by the voter in the presence of an appointed senior officer who shall attest it. The postal ballot must reach the returning officer by 8 am on the day of the counting of results or by the time mandated by the election commission.

How do NRI voters currently cast their votes?

Prior to 2010, Indian citizens who were eligible voters but were residing abroad for more than six months owing to employment, education or any other cause and were not able to vote as their names were deleted from electoral rolls. But this law was repealed via an amendment passed, The Representation of People Act 2010, which envisaged voters as only the “ordinary residents” in a constituency who will choose representatives to represent their local interests while mediating on larger issues in the legislature. 

Section 20-1A Part III of the Representation of the People Act qualifies a person absenting himself temporarily from his place of ordinary residence shall not by reason thereof to cease to be ordinarily resident therein and in effect provides for NRI’s their right to cast their votes in their local constituencies.

Hence NRI’s who were eligible voters were enabled to vote but only in person at the polling station where they have been enrolled as an overseas voter or elector. In case of overseas voters, the address mentioned in the passport is taken as the place of ordinary residence and chosen as the constituency for the overseas voter to enrol in.

How this service has been so far?

The number of registered voters rose to 1 lakh approx. in 2019, from 11k NRI voters in 2014. And 90% of voters belonged to a single state and that is Kerala. But the hard reality was only a very low proportion turned up to vote for the elections, Of them too the major participation was from Kerala (Kozhikode and Malappuram districts). 

This decline in voters to that of registered electors came because the proviso of having to visit the polling booth has discouraged eligible voters from exercising their mandate. 

In 2017, the winter session of Parliament, the Govt. proposed to remove the restrictions imposed by section 20A of the Representation of People Act, which required them to be physically present to vote in their constituencies, which in turn allowed the overseas voters to appoint a proxy to cast their votes on their behalf(subject to conditions laid down in the Conduct of Election Rules,1961. The Bill passed in 2018 but lapsed with the dissolution of the 16th Lok Sabha.

Will this service be available to all overseas voters across countries?

On November 27, the Election Commission of India ECI wrote to the Law Ministry, proposing to extend this facility to eligible overseas voters for the Assembly elections in Assam, Kerala, Puducherry, Tamil Nadu and West Bengal in 2021. The Law ministry is yet to respond to this proposal.