Defence personnel at peace stations can be voters, rules SC

The Supreme Court Monday said all defence personnel posted at peace stations and who are not already registered as voters can get themselves enrolled as electors in the general election where the poll process has not yet commenced.

A bench of Justice R.M. Lodha and Justice Kurian Joseph, taking on record a statement by the Election Commission, said a statutory bar that a service personnel should be resident of peace areas for three years along with his family will not come in his way to get registered as a voter for the forthcoming election.

However, he should be posted at the peace station from Jan 1, 2014 and continue to be so to qualify to be registered so.

The judgment will not impact the voters list in 225 Lok Sabha constituencies where the election process has already commenced.

Addressing the Election Commission's plea that it was already getting requests by the political parties for beings permitted to campaign in defence areas, the court said that "(it is) needless to say that the Election Commission will be within its power to issue instructions/guidelines prohibiting campaigning in the peace areas".

The court directed the central government to furnish all the details of the peace stations to the Election Commission within two days and extend all the facilities to the voters including those who want to exercise postal ballot.

The court also directed that the matter be referred to a three judges bench for its consideration as it involved important question of law and the constitution.

The court's order came as Election Commission relented in the face of persistent questioning as to why the stay of three years that too with family was necessary for a defence personnel to get registered as a general voter at a peace station.

Observing that they would like to see all voters to vote and urging the poll panel to be flexible in its approach, Justice Lodha said: "It is a constitutional right and someone should not be deprived of it merely because of deployment at certain place which is not out of choice. He is where he is not as a matter of choice but compulsion of posting."

Wondering why the poll panel was taking a "technical position", the court however lauded it for doing a wonderful job by holding "transparent, free and fair polls" by curbing the "money and muscle power".

"You have done such a remarkable job. I fail to understand why you adopt a stand that impedes and restricts the right of the defence personnel to exercise their right to vote", Justice Lodha asked senior counsel Meenakshi Aroira who appeared for the panel.

As Arora said that it was not possible for the Commission to accommodate the defence personnel posted at peace stations in the voters list of 225 constituencies where election process has commenced, senior counsel Harish Salve, appearing for the petitioner, said: "What can't be done can't be done. But it can be done it should be done."

In the beginning, Arora told the court by permitting the defence personnel being registered as general voters in Jammu and Kashmir, Assam and northeastern states will change the voters profile in those constituencies as they would far outnumber local voters.