The Supreme Court has refused to hear the demand for voting facility from postal ballot to the students studying outside their state. The court has said that the election rules regarding postal ballot are clear. The court will not consider the change in this.
The petition of Arnab Kumar Malik, a student of Hyderabad’s National Law Academy of Legal Studies and Research (Nalsar), said that adult voting is a constitutional right, but the student living away from his state is unable to vote. He is not introduced to the local issues and language where he is living in the second city for studies, so it is not very practical to get his vote transfer there.
It was said in the petition that many people including government employees on necessary duty, recognized journalists, disabled people are provided voting facilities by postal ballot. NRIs are also being asked to give voting the right to voting from electronically transmitted postal ballot system (ETPBS) to NRIs. In such a situation, students should also provide voting facility from their original constituency.
Advocate Avrjyoti Chatterjee, appearing for the petitioner, argued in front of the bench of Chief Justice Sanjeev Khanna and Justice Sanjay Kumar that the Uttar Pradesh student studying in Telangana cannot be familiar with local issues. In such a situation, even if he casts votes there, it will not be considered a thoughtful use of franchise. However, the judges did not agree with these arguments. He said that the rules related to elections are clear. The court also has to fix the limit somewhere. The court will not consider this demand.
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