Home India Election Commission of India In pursuance of the provisions of clause c of Section 60 of ...
Date: 2021-03-26 Category: Extra Ordinary State: Union Government Country: India

In pursuance of the provisions of clause c of Section 60 of the Representation of the People Act

Issued by Election Commission of India · Not Applicable

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Executive Summary & Key Takeaways

## Policy Analysis Report: Amendment Regarding Postal Ballots for COVID-19 Affected Persons **1. Executive Summary:** This report analyzes a notification issued by the Election Commission of India, effectively amending existing electoral procedures to allow COVID-19 suspect or affected persons to vote by postal ballot. The core purpose, as inferred from the notification, is to ensure voting accessibility for individuals impacted by COVID-19 during bye-elections. This analysis highlights the key changes introduced, the target audience, inferred implementation aspects, and potential impact of this amendment. **2. Introduction:** This report aims to provide an informative overview of a notification issued by the Election Commission of India regarding voting procedures. The analysis is based solely on the provided text and focuses on understanding the implications of the changes introduced. **3. Policy Overview:** * **Amendment:** This notification amends the existing framework governing election conduct. It references Section 60 of the Representation of the People Act, 1951, and Part III A of the Conduct of Elections Rules, 1961. * **Core Objective(s):** The primary objective, as inferred from the text, is to facilitate voting for individuals who are COVID-19 suspect or affected, ensuring their participation in the electoral process during the COVID-19 pandemic. **4. Background and Rationale:** Given the context of the COVID-19 pandemic, this amendment likely addresses the challenge of ensuring voting access for individuals who may be unable or discouraged from physically visiting polling stations due to health concerns or restrictions. The amendment provides a means for this population to exercise their right to vote without increasing the risk of virus transmission at polling places. **5. Key Provisions / Changes:** This section details the changes introduced by the amendment. * **What specific part of the original policy is being changed:** The amendment modifies the existing process governed by Section 60 of the Representation of the People Act, 1951, allowing for exceptions for voting by postal ballot and links the exception to Part III A of the Conduct of Elections Rules, 1961, as amended. * **What the new rule/provision is:** The notification specifies that COVID-19 suspect or affected persons, certified by a competent authority, who apply for voting by postal ballot paper, and whose request is verified by the Returning Officer, constitute a class of persons eligible to vote by postal ballot. * **Explain the difference or the effect of this specific change:** Previously, the standard procedure may not have explicitly accommodated individuals affected by infectious diseases like COVID-19. This amendment introduces a specific provision to include them, enabling them to vote remotely. This ensures broader participation and mitigates potential disenfranchisement. **6. Target Audience and Stakeholders:** The primary target audience includes: * Individuals who are COVID-19 suspect or affected. * Election officials, particularly Returning Officers, who are responsible for verifying requests for postal ballots. * Healthcare professionals or competent authorities involved in certifying COVID-19 status. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies mentioned:** The Election Commission of India is the issuing authority. Returning Officers are responsible for verifying requests. Competent authorities (likely medical professionals) are responsible for certifying COVID-19 status. * **Any timelines or procedures specified in the text:** The text states that it applies to "current bye elections to the House of the People and Legislative Assembly in the State notified under Section 30 of Representation of the People Act, 1951". The amendment refers to PartIII A of the Conduct of Elections Rules, 1961, as amended, suggesting the broader rules and guidelines within that framework are applicable. The text indicates that individuals must "apply" for a postal ballot. * **Amendment Specific Implementation:** Returning Officers will need to adapt their procedures to accommodate and verify the postal ballot requests specifically related to COVID-19 affected individuals. Competent authorities will need to be prepared to provide certifications in a timely manner for those requesting absentee ballots. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this amendment is likely to: * Increase voter turnout by enabling participation from individuals who would otherwise be unable to vote due to COVID-19. * Reduce the risk of COVID-19 transmission at polling stations by providing an alternative voting method for affected individuals. * Ensure fairness and inclusivity in the electoral process by preventing disenfranchisement based on health status. **9. Conclusion:** The Election Commission of India's notification represents a significant amendment to election procedures, specifically addressing the challenges posed by the COVID-19 pandemic. By allowing COVID-19 suspect or affected persons to vote by postal ballot, the amendment seeks to balance public health concerns with the fundamental right to vote, ensuring a more inclusive and representative electoral process. This change indicates a proactive response to the evolving circumstances and a commitment to maintaining democratic participation during challenging times.

Key Entities Referenced

Election Commission of India: The organization issuing the notification regarding postal ballots. New Delhi: Location where the notification was issued. Representation of the People Act, 1951: The Act of Parliament that this notification pertains to. Covid19: Disease for which affected persons are allowed postal ballot. House of the People: One of the houses for which bye-elections are being conducted. Legislative Assembly: One of the houses for which bye-elections are being conducted. Conduct of Elections Rules, 1961: Rules governing the conduct of elections. Ministry of Law Justice: The Government Ministry that issued Notification S.O. No. 1964E. N. T. BHUTIA: Secretary who signed the order.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एxलxx.-GअID.-E2x6xx0 32021-226169 CG-DL-E-26032021-226169 असाधारण EXTRAORDINARY भाग II—खण्ड 3—उप-खण्ड (iii) PART II—Section 3—Sub-section (iii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 21] नई ददल्ली, िक्रु र्ार, माच ा26, 2021/चत्रै 5, 1943 No. 21] NEW DELHI, FRIDAY, MARCH 26, 2021/CHAITRA 5, 1943 भारत जनर्ाचा न आयोग अजधसचू ना नई ददल्ली, 26 माचा, 2021 आ.अ. 23(अ).—लोक प्रजतजनजधत्र् अजधजनयम, 1951 की धारा 60 के खंड (सी) के उपबंधों के अनुसरण में जनर्ााचन आयोग एतद्द्वारा जनर्ददष्ट करता ह ै दक सक्षम प्राजधकारी द्वारा प्रमाजणत कोजर्ड-19 के संददग्ध या उससे प्रभाजर्त व्यजि िो डाक मतपत्र से मतदान करने का अनुरोध करते हैं, और जिसके अनुरोध को संबंजधत ररटर्ननग ऑदिसर द्वारा सत्याजपत दकया िा चुका है, जनर्ााचनों का संचालन जनयम, 1961 के भाग-IIIक के उपबंधों, जर्जध और न्याय मंत्रालय, भारत सरकार की अजधसूचना का.आ.सं. 1964 (अ.), ददनांक 19 िून, 2020 के िररए यथा-संिोजधत, और जनर्ााचन आयोग द्वारा िारी जनदिे ों और ददिाजनदिे ों के अनुसार लोक प्रजतजनजधत्र् अजधजनयम, 1951 की धारा 30 के अंतगात अजधसूजचत दकए गए राज्य में लोकसभा एंर् जर्धानसभा के र्तामान उप-जनर्ााचन में डाक मतपत्र द्वारा मतदान करने र्ाले व्यजियों के र्गा होंगे। [सं. 52/2021/एसडीआर/खंड I] आदिे से, एन. टी. भूरटया, सजचर् 1882 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(iii)] ELECTION COMMISSION OF INDIA NOTIFICATION New Delhi, the 26th March, 2021 O.N. 23(E).—In pursuance of the provisions of clause (c) of Section-60 of the Representation of the People Act, 1951, the Election Commission hereby specifies that the Covid-19 suspect or affected persons, certified by competent authority, who applies for voting by postal ballot paper, and subject to verification of his request by the Returning Officer concerned, would be a class of persons to give vote by postal ballot in the current bye elections to the House of the People and Legislative Assembly in the State notified under Section 30 of Representation of the People Act, 1951, as per the provisions in Part-III A of the Conduct of Elections Rules, 1961, as amended vide Ministry of Law & Justice, Govt. of India, Notification S.O. No. 1964(E), dated 19th June, 2020 read with the directions and guidelines issued by the Election Commission on the subject. [No. 52/2021/SDR/Vol.I] By Order, N. T. BHUTIA, Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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