Respond to EC report on NRIs, SC to government

The Supreme Court Friday asked the government to consider and respond on the report of the committee set up by the Election Commission that has recommended electronic voting or proxy voting by NRIs staying overseas.

An apex court bench of Chief Justice H.L. Dattu and Justice A.K. Sikri asked Additional Solicitor General L. Nageswara Rao to take instructions from the central government and revert in four weeks.

At the outset of the hearing, the court was told there was a favourable report; a ballot can be sent by e-mail. The court described it as an excellent development.

Rao told the court that the government may be given time to consider the report and place its views before the court.

A 12-member committee set up by the Election Commission has recommended that NRIs staying overseas could be permitted to cast their vote electronically or by proxy. These recommendations were given by the Committee for Exploring Feasibility of Alternative Options for Voting by Overseas Electors.

The committee, however, rejected the feasibility of NRIs exercising their franchise at the diplomatic missions. The Committee also did not favour internet voting till appropriate technology/IT applications is available and all other vulnerabilities are addressed.

The Committee in its recommendations has said that e-postal ballot where blank postal ballot is transferred electronically to NRI and same is returned by post by the NRI can be considered.

The Committee recommended that the option of voting through proxy appointed by the overseas elector can be considered.

The committee was set up in the wake of the petition filed by the NRI Nagender Chindam, Naresh Kumar Hanchate and Shamsheer V.P. seeking right to exercise the franchise from wherever they are staying abroad.

However senior counsel Meenakshi Arora told the court that for the recommendations to be implemented, amendments will have to be made in the Representation of the People Act, 1951 and Conduct of Election Rules, 1961 that deal with the issues