If Eligible Adults Denied Vote in Bengal It’ll Be Unconstitutional, Deplorable & Vitiate Election

2 months ago 41

If eligible adults are denied the vote in Bengal it will be unconstitutional, deplorable and vitiate the election: former CEC, S. Y. Quraishi, to Karan Thapar for The Wire. ......................................... One of India’s most highly regarded and best-known Chief Election Commissioners, S. Y. Quraishi, has said that if eligible adults in Bengal are denied the right to vote in the forthcoming elections later this month it would be unconstitutional and deplorable, it would vitiate the elections and be a black mark on our democracy. Dr. Quraishi was referring to newspaper reports that the fate of 23.4 lakh Bengali voters, who have reportedly been deleted from the electoral rolls but have the right to appeal to tribunals, hangs in the balance because the tribunals are yet to start work whilst the last date for inclusion in the electoral rolls for the 152 constituencies voting in the first phase on the 23rd is 3:00 p.m. today. As he put it, this clearly suggests that many – we don’t have the precise number but it could be thousands, tens of thousands or even a few lakh – people won’t be able to vote even though they may be eligible. Dr. Quraishi asked: “What happens to those whose application remains undecided? Can they be denied their vote because the system ran out of time? … Article 326 does not permit denial of franchise on account of administrative delay.” Explaining his position further, Dr. Quraishi said: “There is a crucial distinction between verification and denial. The Constitution permits the state to verify eligibility; it does not permit it to deny the right to vote because that verification could not be completed in time. If a citizen has applied within the prescribed framework and has not been found ineligible, pendency of scrutiny cannot become a ground for exclusion. Administrative delay cannot override constitutional entitlement.” He, therefore, suggested two possible solutions to the looming problem that could face Bengal. Either the Election Commission should use the old electoral roll, which was revised as recently as January 2025, or allow people whose verification is still pending to vote regardless of the fact this might entail a few (or more) who are ineligible voting. He quoted the well-known legal maxim to justify his position. It’s better that nine people who are guilty go scot-free rather than one person who is innocent be found wrongly guilty. Join The Wire's Youtube Membership and get exclusive content, member-only emojis, live interaction with The Wire's founders, editors and reporters and much more. Memberships to The Wire Crew start at Rs 89/month. https://www.youtube.com/channel/UChWtJey46brNr7qHQpN6KLQ/join

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