Thread by @SurabhiHodigere

Last thread on the issue, after which I shall be on a flight & can’t do much for a few hours. #Jayanagar

Congress party is bringing in the issue of non-gazetted officer. I was asked for a clarification on this by folks in the media (commend them reaching out for diverse views).

But I didn’t have much clarity, until I read through the relevant rules. Request those commenting to do so as well.

My perception (with the caveat that I am not a lawyer and those who are in the legal profession might come to more nuanced conclusions):

There is absolutely no compulsion of ‘Gazetted’ officer to verify a postal ballot. As per
Conduct of Elections Rules, 1961 (Statutory Rules and Order) no such rule.

The law says that the elector shall sign the declaration in Form 13A in the presence of, and have the signature attested by, a stipendiary magistrate or such other officer specified in rule 24 sub sections (a) to (e).

Specifically (e) mentions that such an officer can be notified on behalf of the election commission.

No mention of gazetted or non-gazetted.

FYI This is now common thing in many of the newer legislation and rules.

Happy to be corrected. If @Sowmyareddyr and team is going to court. Wish them the best, let the rule of law prevail and be respected by both parties involved.

For now, let Jayanagar be. Heard the ruckus caused inconveniences to public - not good.