SC asks EC to be flexible in applying three year domicile for defence personnel

The Supreme Court on Thursday asked the Election Commission to be flexible in applying its rule of three-year domicile for allowing the defence personnel to vote at their place of peace posting.

The apex court noted that though people in services are posted at peace place for three years, there are occasion when they are transferred in two-and-half years.

A bench headed by Chief Justice Ranjan Gogoi said it will be open for the Election Commission to prescribe further flexible eligibility criteria to ensure that defence personnel are able to vote.

The bench, also comprising justices Dinesh Maheshwari and Sanjiv Khanna, was dealing with a batch of petitions in this regard.

It said there was no need to pass any further order and referred to its March 24, 2014 order and subsequent notification.

The apex court was told by the Election Commission that since the March 2014 order allowing the Army, Navy and Indian Air Force personnel to vote at their place of posting in by treating them as ordinary residents of that constituency, other developments have taken place.

It said now casting of votes through electronic means at their native place has also been implemented and this will reduce the time consumed when such voting was done through the use of postal ballot paper.

Around 15 lakh armed forces personnel used to exercise their franchise through postal ballot or by authorizing a relative in their native place as the proxy to cast the vote on their behalf.

The apex court noted that the Election Commission has taken a decision to allow armed forces personnel to vote at their place of posting which excludes Jammu and Kashmir and Northeastern states as the poll panel is of the view that permitting them to vote in such areas would affect the demographic issues of the areas or the local population.